Hurd v. Chappell
Missouri Court of Appeals
' Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) It was shown without contradiction that the animal came upon the railroad within the limits of the town, and also that at the points where her tracks were first observed upon the railroad and where she was injured the road was fenced on both sides. Swearingen v. Railroad, 64 Mo. 73; Vanderworker v. Railroad, 51 Mo. App. 166; Crenshaw v. Railroad, 54 Mo. App. 233; Wright v. Railroad, 56 Mo.
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' Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) It was shown without contradiction that the animal came upon the railroad within the limits of the town, and also that at the points where her tracks were first observed upon the railroad and where she was injured the road was fenced on both sides. Swearingen v. Railroad, 64 Mo. 73; Vanderworker v. Railroad, 51 Mo. App. 166; Crenshaw v. Railroad, 54 Mo. App. 233; Wright v. Railroad, 56 Mo. App. 367. (2) Where a town is laid out with streets dedicated to the public crossing the railroad, defendant is not bound to fence.…
1Opinion of the CourtSmith, P. J.
— This is an action which was brought before a justice of the peace to recover damages under section 1105, Revised Statutes 1899, for the loss of a mare. There *320was a trial in the circuit court resulting in judgment for the plaintiff and from which defendant appealed.
The defendant at the trial, both at the close of the plaintiff’s evidence and at the close of all the evidence, interposed a demurrer thereto, which was by the court overruled; and the action of the court in this regard is assigned as error here. The propriety of the action of the court thus called in question must be determined…
2Cases cited13 opinions
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
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3Cited by6 opinions
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Redmond v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Atchison, T. & S. F. Ry. Co. v. McCallSupreme Court of Oklahoma · 1915
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.