Clardy v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. J. B. Eobinson, Judge. The company is not liable. It does not appear that it had knowledge of the fact that the fence was out of repair, and that a reasonable time elapsed after it became possessed of such knowledge, within which it might have repaired such fence. A railroad company is required to use only ordinary care to keep such fences in repair. Lemmon v. R. R. Co., 32 Iowa 151; 111. Cent.
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Appeal from Madison Circuit Court. — Hon. J. B. Eobinson, Judge. The company is not liable. It does not appear that it had knowledge of the fact that the fence was out of repair, and that a reasonable time elapsed after it became possessed of such knowledge, within which it might have repaired such fence. A railroad company is required to use only ordinary care to keep such fences in repair. Lemmon v. R. R. Co., 32 Iowa 151; 111. Cent. R. R. Co. v. Swearingen, 47 111. 206; C.$N. W. R. R. Co. v. Barrie, 55 111. 226. The statute does not make the company absolutely liable for injuries resulting…
1Opinion of the CourtHough, J.
This was a suit under the 43rd section of the railroad corporation act. The statement is like that in the case of Key v. Railway Co., ante, p. 475, which was held to be sufficient.
There were defective fences on both sides of the road where the hogs were killed, but it does not appear that the hogs got on the track in consequence of the failure of the defendant to erect fences where by law it was required to erect them, nor does it appear that at the place where the hogs were killed the defendant was required to erect fences *578—non constat, but that they were killed at a point on the road where…
2Cases cited1 opinion
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
3Cited by23 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DuganIndiana Court of Appeals · 1898
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
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