Brandenburg v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from, ilie Barry Circuit Court. — Hon. Joseph Cravens, Judge. (1) The instruction at the close of the case ought to have been given. The evidence showed that the animal was struck within the limits of Butterfield, at a point where the track could not be fenced without great. inconvenience to tlie company and its patrons in handling freight, and danger to its employes in switching cars and making up trains. The law does not require' a fence at such a place.
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Appeal from, ilie Barry Circuit Court. — Hon. Joseph Cravens, Judge. (1) The instruction at the close of the case ought to have been given. The evidence showed that the animal was struck within the limits of Butterfield, at a point where the track could not be fenced without great. inconvenience to tlie company and its patrons in handling freight, and danger to its employes in switching cars and making up trains. The law does not require' a fence at such a place. Robinson v. Railroad, 21 Mo. App. 141; Long v. Railroad, 23 Mo. App. 178 ; Bean v. Railroad, 20 Mo. App., loa. cit. 644. The plat…
1Opinion of the CourtBrass, J.
The plaintiff claims that his mule strayed upon the defendant’s railroad track, and was killed by a train of cars; that this occurred at a place where the defendant’s railroad ran through or along uninclosed lands ; and that the defendant had neglected to erect and maintain lawful fences along that portion *226of its road, as the law required. The action was for double damages under section 2611, Revised Statutes, 1889. The jury returned a verdict for $50, which the court doubled. The defendant has appealed.
It appears from a plat of the town of Butterfield that the defendant’s right of way is…
2Cases cited13 opinions
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Wright v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.