Wright v. Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the Clark •Circuit Court. — Hon. Ben E. Turner, Judge. Where, as here, the undisputed evidence shows that to inclose the right of way would necessitate the building of cattle guards and wing fences at a point where it would endanger the lives of the employees in the performance of their duties, and also interfere with the same, plaintiff ought not to recover. Pearson v. Railroad, 33 Mo..App. .543; Jennings v. Railroad, 37 Mo.
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Appeal from the Clark •Circuit Court. — Hon. Ben E. Turner, Judge. Where, as here, the undisputed evidence shows that to inclose the right of way would necessitate the building of cattle guards and wing fences at a point where it would endanger the lives of the employees in the performance of their duties, and also interfere with the same, plaintiff ought not to recover. Pearson v. Railroad, 33 Mo..App. .543; Jennings v. Railroad, 37 Mo. App. 651; Kneadle v. Railroad, 19 Am. & Eng. R. R. Oases, 568; Lloyd v. Railroad, 49 Mo. 199; Allen v. Railroad, 5 Am. & Eng. R. R. Oases, 620; Swearingen v.…
1Opinion of the CourtBiggs, J.
— This is an action under the double damage act for the killing of a cow and heifer, belonging the the plaintiff, by defendants engine and ears. The evidence tended to prove the following state of facts:
The defendant had a side track at a point called Cama on the line of its road, where passenger ti’ains, when flagged, stopped to receive and discharge passengers, but which was chiefly used as a passing point for trains. It had no. station .house and kept no agent at that place. From twenty to forty trains pass Cama daily, and it was a daily occurrence for some of these to meet each other at…
2Cases cited7 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Jennings v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
- Bean v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
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3Cited by5 opinions
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- St. Louis Radiator Manufacturing Co. v. HendricksMissouri Court of Appeals · 1897
- Baltimore & Ohio Southwestern Railroad v. DickeyIndiana Court of Appeals · 1909