Johnson v. Chicago, Burlington & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. Statement of case by the court. This is an action to recover double damages for the killing of plaintiff’s cow, by one of defendant’.s locomotives. There is no contention as to the fact of killing, but the controversy is as to the duty of the defendant railroad company to maintain a fence on the sides of its road, where the injury occurred.
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Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. Statement of case by the court. This is an action to recover double damages for the killing of plaintiff’s cow, by one of defendant’.s locomotives. There is no contention as to the fact of killing, but the controversy is as to the duty of the defendant railroad company to maintain a fence on the sides of its road, where the injury occurred. The undisputed evidence is that the cow was killed by one of defendant’s trains, near the station of Purdin, in Linn county. Purdin is a village of only forty or fifty inhabitants. The railroad…
1Opinion of the CourtPhilips, P. J.
I. It is urged in argument by appellant’s counsel that there was no proof as to the point *386where the cow entered upon the railroad track. This objection is not well taken. The track being admittedly unfenced at the point of the injury, without more, the presumption could be indulged that the animal entered on the right of way thereat. McGee v. Railroad, 80 Mo. 283; Lepp v. Railroad, 87 Mo. 139. There was, moreover, direct proof that the cow was struck “ at the same place where she got on the track.”
II. Appellant seems to regard the remaining question raised on this appeal as of extreme…
2Cases cited4 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Gee v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Lepp v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
3Cited by9 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- Straub v. EddyMissouri Court of Appeals · 1891
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
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