Williams v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — TIon. William T. Wood,. Judge. Under the statute, a failure to fence its road does not create an absolute liability against the railroad company. It is only when such failure to fence has “occasioned” or caused the damage. This fact is jurisdictional. It must be alleged in the complaint, and there must be some' evidence tending to prove it.
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Appeal from Pettis Circuit Court. — TIon. William T. Wood,. Judge. Under the statute, a failure to fence its road does not create an absolute liability against the railroad company. It is only when such failure to fence has “occasioned” or caused the damage. This fact is jurisdictional. It must be alleged in the complaint, and there must be some' evidence tending to prove it. Holman v. R. R. Co., 62 Mo. 562. It must be the sole cause, for if the owner in any degree contributes to the injury, he cannot recover. Curry v. Railway Co., 43 Wis. 665, 673. The instruction given at plaintiff’s…
1Opinion of the CourtNorton, J.
This action was instituted in the circuit court of Pettis county to recover double damages for injuring plaintiff’s mule by defendant’s engine and cars, it being alleged that said mule had strayed upon defendant’s; *455road at a point -where the said road was not fenced as required by law, and was crippled so as to be valueless. Defendant’s answer is a general denial, and also sets up contributory negligence. Upon the trial plaintiff had judgment for $300, from which the defendant has appealed.
i. railroads: ?n“stockAprima facie case. At the close of plaintiff’s evidence defendant demurred…
2Cases cited3 opinions
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1878
- Cunningham v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Moore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
3Cited by3 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Terry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883