Jennings v. St. Joseph & St. Louis Railway Co.
Missouri Court of Appeals
Appeal from the Ray Circuit Court. — Hon. James M. Sandusky, Judge. Where the undisputed evidence shows that the distance between the cattle guard and the switch cannot be lessened without endangering the lives of the railroad company’s employes, the company is not required to fence, and is not liable for the killing of stock occurring there under section 809, Revised Statutes. Pearson v. Railroad, 33 Mo.
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Appeal from the Ray Circuit Court. — Hon. James M. Sandusky, Judge. Where the undisputed evidence shows that the distance between the cattle guard and the switch cannot be lessened without endangering the lives of the railroad company’s employes, the company is not required to fence, and is not liable for the killing of stock occurring there under section 809, Revised Statutes. Pearson v. Railroad, 33 Mo. App. 543; Lloyd v. Railroad, 49 Mo. 199; Railroad v. Willis, 93 Ind. 507; Eneadle v. Railroad, IS A. & E, R. R. Oas. 568; Allen v. Railroad, 5 A? & E. R. R. Cas. 620; Snow v. Railroad, 8…
1Opinion of the CourtGill, J.
This is an action for damages brought under section 809, Revised Statutes, 1879, for killing *653plaintiff’s cow at a point on defendant’s railroad where, it is alleged, a duty rested on defendant to fence its tracks, and which duty had not been performed.
The evidence discloses that the cow entered upon the. track of the railroad, and was killed near the western corporate limits of the town of Lawson. The jury evidently found that such entry was just outside the town limits. The railroad passes through the town east and west, with a depot located about six or seven hundred feet east of the…
2Cases cited1 opinion
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
3Cited by10 opinions
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Grant v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
- Hurd v. ChappellMissouri Court of Appeals · 1902
- Redmond v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Straub v. EddyMissouri Court of Appeals · 1891
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