Shaw v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Ho». J. L. Fort, Judge. (1) The court should have sustained the defendant’s demurrer to the evidence.
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Appeal from Stoddard Circuit Court. — Ho». J. L. Fort, Judge. (1) The court should have sustained the defendant’s demurrer to the evidence. It devolves on the plaintiff to prove that the colt came upon the railroad track at a point not enclosed by lawful fence; that it was frightened by a locomotive or a train of cars belonging to the defendant; that in consequence- of such fright it ran into or against a fence or some other object (hut in the case at bar it was alleged that it was a fence), and injured, which they wholly failed to prove in this case. . Therefore, the court erred in refusing…
1Opinion of the CourtNortoni, J.
— Plaintiff instituted his suit before a justice of the peace for Duck Creek township, in Stoddard county, Missouri, praying damages against the defendant railroad company under section 1106, R. S. 1899, which is as follows:
‘ ‘ Whenever any live stock shall go in upon any railroad or its right of way, in this State, and the said railroad is not at such place or places inclosed by a good fence on both sides of said railroad, such as is by law required, and such stock, by being frightened or r-un by any passing locomotive or train on said railroad, shall he injured or killed by or because of…
2Cases cited9 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SextonMissouri Court of Appeals · 1910
- Severn v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Eggleston v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914
- Hires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
6 more not listed; retrieve them via the Exa API.