James E. Edie & Son v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. Nicholas M. Bradley, Judge. (1) In order to constitute a causé of action, three things devolve upon the plaintiff; First, that the injury must appear to have occurred at a place where there was no lawful fence; Second, at a place where such fence could have been erected by the company should it have so desired; and third, that it occurred at a place other than the crossing- of a public highway and not within the limits of any…
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Appeal from Cass Circuit Court. — Hon. Nicholas M. Bradley, Judge. (1) In order to constitute a causé of action, three things devolve upon the plaintiff; First, that the injury must appear to have occurred at a place where there was no lawful fence; Second, at a place where such fence could have been erected by the company should it have so desired; and third, that it occurred at a place other than the crossing- of a public highway and not within the limits of any incorporated town or city. Clarkson v. Railroad, 84 Mo. 586; Vail v. Railroad, 28 Mo. App. 372; Downey v. Railroad, 94 Mo. App.…
1Opinion of the CourtJohnson, J.
Four steers belonging to plaintiffs escaped from their farm to a public highway and found *12their way to defendant’s railroad where ,they were killed by a passing train. Plaintiffs brought suit for single damages, alleging in the petition that “defendant failed and neglected to erect and maintain lawful fences and cattle-guards on the sides of its said railroad at said point but suffered said railroad track on both sides thereof to be and remain unfenced and without cattle-guards at the time and place where said steers got upon said railroad track and were killed,” etc.
The answer is a general…
2Cases cited4 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
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Kirkpatrick v. Illinois Southern Railway Co.Missouri Court of Appeals · 1906
3Cited by2 opinions
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Corcoran v. Wabash RailroadMissouri Court of Appeals · 1909