Kelley v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Madison Circuit Court. — Hon. Peter H. HucJc, Judge. (1) Defendant railway company was required by tbe statute to erect along its right of way; passing through Kelley’s fields, a lawful fence. R. S. 1909, secs. 3145, 6455; King v. Railroad, 79 Mo. 328. (2) As between adjoining land owners, no recovery can be had for damages done by trespassing animals unless the owner of the field maintains a lawful fence.
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Appeal from Madison Circuit Court. — Hon. Peter H. HucJc, Judge. (1) Defendant railway company was required by tbe statute to erect along its right of way; passing through Kelley’s fields, a lawful fence. R. S. 1909, secs. 3145, 6455; King v. Railroad, 79 Mo. 328. (2) As between adjoining land owners, no recovery can be had for damages done by trespassing animals unless the owner of the field maintains a lawful fence. Therefore we maintain that no recovery can be.had against the railway company for damages done by animals straying from its right of way into a farmer’s, field, unless the field…
1Opinion of the CourtAllen, J.
This is an action for double damages, under section 3145, Revised Statutes 1909, for the destruction of plaintiffs’ crops by cattle and hogs which entered upon the premises of plaintiffs’ from the adjoining right of way of defendant railroad company, because of the failure of the latter to maintain lawful fences.
The cause was tried before the court and a jury, resulting in a verdict for plaintiffs for $400. Judgment was entered for double that amount, in accordance with the statute and the prayer of plaintiffs’ petition, and the defendant prosecutes the appeal.
It appears that the lands in…
2Cases cited8 opinions
- Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- Deal v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
- Storms v. WhiteMissouri Court of Appeals · 1886
- Boggs v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- Mackler v. SchusterMissouri Court of Appeals · 1897
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