Isabel v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. I. The law requires railroad companies to enclose their roads with a fence where it passes along inclosed or cultivated fields, etc. The petition fails to show that Isabel was killed at a point embraced by any of the above requisitions. II. Eor the first time the idea is advanced, that fences are erected to keep human beings from railroad tracks.
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Appeal from Caldwell Circuit Court. I. The law requires railroad companies to enclose their roads with a fence where it passes along inclosed or cultivated fields, etc. The petition fails to show that Isabel was killed at a point embraced by any of the above requisitions. II. Eor the first time the idea is advanced, that fences are erected to keep human beings from railroad tracks. The objects of fencing railroads are simply the preservation of the lives of passengers, the property of the railroad companies, and to prevent stock from getting upon the track. And failure to fence is no proof of…
1Opinion of the CourtWagner, Judge
This was an action by plaintiff to recover damages for the •negligent killing of his infant'son, by defendant, while running and managing a locomotive and train of cars on its railroad. '
The evidence tended to show that plaintiff’s wife being dead, he had placed the child in the care of its grandparents who resided about seventy-five yards distant from the road. The house was built before the railroad was constructed; but there was no fence intervening between it and the railroad. The grandmother, who had the care and custody of the child, which was only about twenty-one months old, testified…
2Cases cited1 opinion
- Schmidt v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
3Cited by59 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Mayhew v. BurnsIndiana Supreme Court · 1885
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
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