White v. Sligo & Eastern Railroad
Missouri Court of Appeals
Appeal from Crawford County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Instruction number 2 given at tlie instance of the plaintiff, was not a correct declaration of law under the facts in the case; it failed, to submit to the jury the question whether or not the defendant had notice of the defective condition of its fence' a sufficient length of time to have repaired it; it ignored the defense of the defendant that the fence had been altered and changed by the owner…
Read the full summary
Appeal from Crawford County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Instruction number 2 given at tlie instance of the plaintiff, was not a correct declaration of law under the facts in the case; it failed, to submit to the jury the question whether or not the defendant had notice of the defective condition of its fence' a sufficient length of time to have repaired it; it ignored the defense of the defendant that the fence had been altered and changed by the owner of the adjoining lands; it put upon the defendant the burden of erecting and maintaining a “lawful” fence, while the…
1Opinion of the CourtSturgis, J.
This action is under section 3146, Revised Statutes 1909, for injuries resulting in death to plaintiff’s horse by reason of being frightened and run by a passing locomotive and train into an open culvert through defendant’s roadbed. The fact that the animal came onto the right of way from an adjoining pasture by .reason of a defective fence is hardly controverted; in fact, the defendant seeks to avoid responsibility for the condition of the fence by reason of the act of a former owner of the land moving and changing the fence from its original location and condition. The evidence shows that…
Also in this document: Concurrence.
2Cases cited8 opinions
- Thomas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Brown v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Carlos v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1904
- Morrison v. Kansas City & Westport Belt Railway Co.Missouri Court of Appeals · 1912
- Crow v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.