Lafferty v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Error to Fifth District Court. cited 1 Hill, on Torts, '372, § 36, note a; Redf. on Railw. 493; Pennsylvania Railway v. Haskett, 10 Ind. 409; Gen. Stat. 1865, p. 601, § 5. cited Morgan v. Cos, 22 Mo. 373; 16 Mo. 508; 11 Mass. 137; 18 Johns. 256, 288 ; 19 Johns. 881; 26 Mo. 441; 42 Mo. 193 ; 31 Miss. 156; 2 Comst. 165; 3 Hill. 612 ; 35 Mo. 457; 39 Maine, 273 ; 24 Verm. 488 ; 15 East. 388 ; 4 Den. 464; 8 Barb. 427.
1Opinion of the CourtWagner, Judge
This was an action for damages, and asking for the statutory penalty. The petition, in substance, states that plaintiffs’ horses got on the track of defendant’s railroad where it was not fenced, and where there was no road crossing, and, while so on the track, they were frightened by the cars and engine of the defendant; and, getting off the track of said railroad, they were injured.
The Circuit Court sustained a demurrer to this petition, and, on appeal to the District Court, the decision of the Circuit Court was reversed.
The only question requiring consideration is the true meaning and…
2Cases cited5 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Rohback v. Pacific RailroadSupreme Court of Missouri · 1869
- Peru & Indianapolis Railroad v. HasketIndiana Supreme Court · 1858
- Moshier v. Utica & Schenectady RailroadNew York Supreme Court · 1850
- Coy v. Utica & Schenectady Rail RoadNew York Supreme Court · 1855
3Cited by18 opinions
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- Foster v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Schertz v. Indianapolis, Bloomington & Western Railway Co.Illinois Supreme Court · 1883
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
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