Cecil v. Pacific Railroad
Supreme Court of Missouri
Error to First District Court. Under the statute (Wagn. Stat. 310, § 43), it is indispensable that plaintiff allege and prove not only that stock got on where defendant was obliged to fence, but also that the stock did not get on at the public crossing. (Calvert v. Hann. & St. Jo. R.R., .34 Mo. 244 ; Quick v. Hann. & St. Jo. R.R., 31 Mo.'399 ; West v. Hann. & St. Jo.
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Error to First District Court. Under the statute (Wagn. Stat. 310, § 43), it is indispensable that plaintiff allege and prove not only that stock got on where defendant was obliged to fence, but also that the stock did not get on at the public crossing. (Calvert v. Hann. & St. Jo. R.R., .34 Mo. 244 ; Quick v. Hann. & St. Jo. R.R., 31 Mo.'399 ; West v. Hann. & St. Jo. R.R., 34 Mo. 177; Dyer v. Pacific R.R., id. 129; O. & M. R.R. v. Brown, 23 111. 94; O. & M. R.R. v. Taylor, 27 111. 207; Gr. W. R.R. v. Bacon, 30 El. 347; Gr. & C. R.R. v. Sumner, 24 111. 631; C., B. & Q. R.R. v. Carter, 20 111.…
1Opinion of the Court
Currier,, Judge,
delivered the opinion of the court.
This suit is brought to recover double damages for alleged injuries to the plaintiff’s horse while upon the track of the defendant’s railroad, in Warrensburg township, Johnson county. It is founded upon the forty-third section of the act in relation to railroad companies (1 Wagn. Stat. 310, § 43). The statutes cited make it the duty of railroad companies to “ erect and maintain good and substantial fences on the sides of their roads, where the same pass through, along, or adjoining inclosed or cultivated fields or uninclosed prairie lands, *…
2Cases cited4 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Bennett v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Morrison v. New York & New Haven Rail RoadNew York Supreme Court · 1860
3Cited by24 opinions
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1878
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