Dow v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry G. Pepper, Judge. The demurrer should have been sustained, and there was no evidence to base plaintiff’s first given instruction on, even if we apply to defendant the rule ' that there must have been a user by the public for the full period of ten years, which, as the authorities cited below show, is not necessary in order to establish a de facto public road, still we would be within this rule.
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Appeal from Newton Circuit Court. — Hon. Henry G. Pepper, Judge. The demurrer should have been sustained, and there was no evidence to base plaintiff’s first given instruction on, even if we apply to defendant the rule ' that there must have been a user by the public for the full period of ten years, which, as the authorities cited below show, is not necessary in order to establish a de facto public road, still we would be within this rule. The evidence shows a continuous and uninterrupted user for longer than twelve years of this road by the public. This made is a road de jure. McLemore v.…
1Opinion of the CourtGoode, J.
This action was instituted to recover damages for the killing of two- mares belonging to- plaintiff. The petition was in two paragraphs, of which the first was founded on section 1105 of the Revised Statutes, and asked for double damages on an averment, that the animals went on the railroad track at a point where the law required defendant to fence its right of Avay, but Avhich it had failed to do. The second paragraph prayed for single damages and alleged the animals were killed in consequence o-f the negligent manner in which the engineer and trainmen handled the train. Plaintiff lived some…
2Cases cited6 opinions
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Guenther v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- Connell v. BakerMissouri Court of Appeals · 1970
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Garbee v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1927
- Smith v. NofsingerNebraska Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.