Legal Opinion

Carpenter v. St. Louis, Iron Mountain & Southern Ry. Co.

Missouri Court of Appeals

Decided February 9, 1886PublishedCited by 5 opinions

Appeal from the Wayne County Circuit Court, John N. Wear, Judge.

1Opinion of the CourtBo mb alter, J.

The plaintiff instituted this action before a justice of the peace to recover double the damages caused to him by the destruction of his corn, through hogs breaking into his field from the defendant’s right of way, owing to an insufficient fencing of the way.

The action was brought under the statute (Bev. Stat. sect. 809), which, among other things, makes the corporation liable in double the amount of all damages /caused by reason of horses, cattle, mules, or other animals escaping from, or coming upon said land, fields, or other enclosures, occasioned in either case by the failure to…

2Cases cited1 opinion

  1. Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874

3Cited by5 opinions

  1. Buttles v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1891
  2. Ray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
  3. Sheridan v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
  4. Cobb v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1891
  5. Shankle v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1908

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