Nicholson v. Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Pield, Judge. (1) What constitutes reasonable time for a railroad company to be charged with knowledge that a gate is open or a fence down, and to close the one and repair the other, is ordinarily a question for the jury.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Pield, Judge. (1) What constitutes reasonable time for a railroad company to be charged with knowledge that a gate is open or a fence down, and to close the one and repair the other, is ordinarily a question for the jury. Where, however, the time is so short, as in this case, it has invariably been held, as a matter of law, that negligence cannot be imputed to the railroad company for failure to discover the open gate or broken fence. Clark v. Railroad, 62 Mich. 358; Stephenson v. Railroad, 34 Mich. 323; Railroad v. Dickerson, 27 111. 55;…
1Opinion of the CourtSmith, P. J.
This is an action commenced before •a justice of the peace to recover damages, under the statute, for injuries to stock. There was a trial in the circuit court which resulted in judgment for the plaintiff, and from which defendant has appealed. The evidence tends to show that the defendant let a contract to McGree & Kahman to provide and place willow mats along the side of its track at a point where the waters of the Missouri river were eroding the alluvion formation underlying it. McG-ee & Kahman contracted ■with the Foleys to procure and deliver the willows to be *596used for the construction…
2Cases cited5 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Perry v. Dubuque Southwestern Ry. Co.Supreme Court of Iowa · 1872
- Pearson v. GillettMissouri Court of Appeals · 1893
- Wait v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
3Cited by5 opinions
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Drake v. GorrellMissouri Court of Appeals · 1908
- Box v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
- Kraas & Thurman v. ShippMissouri Court of Appeals · 1897
- Stoeber v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1918