Webster 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 testimony is that the point where the animal went upon the track could not be fenced without endangering the lives and limbs of employees in the transaction of the company’s business at the station, the law imposes no duty upon the defendant to erect a fence, and the defendant is not liable for an injury to stock occurring at such a place, without actual negligence.
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Appeal 'from the Clark Circuit Court. — Hon. Ben. E. Turner, Judge. Where, as here, the undisputed testimony is that the point where the animal went upon the track could not be fenced without endangering the lives and limbs of employees in the transaction of the company’s business at the station, the law imposes no duty upon the defendant to erect a fence, and the defendant is not liable for an injury to stock occurring at such a place, without actual negligence. Pearson v. Railroad, \ 33 Mo. App. 543; Jennings v. Railroad, 37 Mo. App. 651; Railroad v. Willis, 93 Ind. 507; Kneadle v.…
1Opinion of the CourtRombauer, P. J.
— The action in this cause was instituted and tried on the following statement filed before a justice of the peace:
“Atchison, Topeka & Santa Pe Railroad Co., to L. C. Webster, Dr., for one cow killed on or about July 26, 1891, valued at- twenty-five ($25) dollars,,
The plaintiff recovered judgment and the defendant appeals and assigns for error that the court erred *453in admitting any evidence under this statement, as it stated no cause of action whatever, and that the court also erred in refusing to instruct the jury to find for the defendant under the evidence.
While the greatest liberality has…
2Cases cited9 opinions
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Jennings v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
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3Cited by4 opinions
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Hurd v. ChappellMissouri Court of Appeals · 1902
- Redmond v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Atchison, T. & S. F. Ry. Co. v. McCallSupreme Court of Oklahoma · 1915