Boggs v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. John P. ■Steotheb, J. The facts are sufficiently stated in the opinion of the court. I. The plaintiff bases his right to recover upon several acts of negligence, as leaving down the wire fence, the negligent construction of the fence, and the unusual whistling of the locomotive.
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Appeal from Cooper Circuit Court, Hon. John P. ■Steotheb, J. The facts are sufficiently stated in the opinion of the court. I. The plaintiff bases his right to recover upon several acts of negligence, as leaving down the wire fence, the negligent construction of the fence, and the unusual whistling of the locomotive. But none of these acts ivas the proximate cause of the injury so far as appears from the evidence, and there was no proof that the fence was negligently constructed, or that there was any whistling •at all. II. The damages must be shown to be the result of the negligence charged…
1Opinion of the Court
Opinion by
Ellison, J.
The defendant fenced its track through plaintiff’s pasture with barbed wire and posts sixteen feet apart. Several months before the injury to plaintiff’s mule, defendant, in repairing a culvert, left a gap in the fence, so that stock might stray from the pasture through the gap into defendant’s right of way. When stock were once on the right of way between the wire fences, there were no means of getting out except through the gap at which it entered; and that, on a train approaching from the south, there would be no escape for frightened stock except to run back, meeting…
2Cases cited2 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
3Cited by9 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
- Bradford v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
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