Trice v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Jippeal from Macon Court of Common Pleas. I. While it is conceded that the State has the right, by virtue of its authority, to make police regulations, to require the appellant to erect and maintain a fence on each side of its railroad, still, under the pretense of doing this, the State'has no constitutional right or authority to pass a law requiring the appellant to erect and maintain fences, where its railroad passes through cultivated fields, to protect the crops growing…
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Jippeal from Macon Court of Common Pleas. I. While it is conceded that the State has the right, by virtue of its authority, to make police regulations, to require the appellant to erect and maintain a fence on each side of its railroad, still, under the pretense of doing this, the State'has no constitutional right or authority to pass a law requiring the appellant to erect and maintain fences, where its railroad passes through cultivated fields, to protect the crops growing in such fields. The former would be the exercise of proper and legitimate authority; the latter would be the exercise of…
1Opinion of the CourtBliss, Judge
The pleadings show that defendant’s railroad passes through the cultivated fields of the plaintiff; that defendant failed to fence its road, and, in consequence, cattle strayed from the road upon said cultivated fields and destroyed, the plaintiff’’s crops. *440The cause was submitted to a jury, who returned a verdict for the damages suffered, and the court rendered judgment double their amount. A motion in arrest was filed and overruled, and the defendant claims that the court committed error in not sustaining the motion. It is not disputed that the case comes within the letter of the statute,…
2Cited by11 opinions
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
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