Walton v. St. Louis, Iron Mountain & Southern Rwy. Co.
Supreme Court of Missouri
Appeal from Washington Circuit Court. — Hon. Lewis P. Dinning, Judge. Tiarks v. St. D. $■ I. M. B. B. Co., 58 Mo. 45; Wag. Stat., p. 520, § 5. A highway may become such by use and prescription, and there was evidence to show that the road in this ease was in use for over thirty years. There was no highway, but merely a lane, through Evans’ farm, which he kept open or closed as he chose for his.own convenience.
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Appeal from Washington Circuit Court. — Hon. Lewis P. Dinning, Judge. Tiarks v. St. D. $■ I. M. B. B. Co., 58 Mo. 45; Wag. Stat., p. 520, § 5. A highway may become such by use and prescription, and there was evidence to show that the road in this ease was in use for over thirty years. There was no highway, but merely a lane, through Evans’ farm, which he kept open or closed as he chose for his.own convenience. Under section 43, it was appellants’ duty to erect.fénces there, and,, .if .Evans wanted .to .use it as a farm crossing, to erect cattle guards on botli sides of the crossing with bars…
1Opinion of the CourtHough, J.
This was an action under the 43rd section of the act in'relation to railroad companies. The petition contained two counts : one for killing an ox in 1870, the ■ other for killing a heifer in 1874: At the place where the ox was killed, the railroad funs east' and west, and crosses at right angles a private road'which had been used by the public for fifteen or twenty years. East of this' private road, the railroad was fenced. " The private ró'ád was not fenced, nor was there any fence (for some distance) west of said road. On the north side of the company’s right of way, and'immediately west of…
2Cases cited2 opinions
- Tiarks v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1874
- Robinson v. Chicago & Alton R. R.Supreme Court of Missouri · 1874
3Cited by15 opinions
- Wolfe v. HurleyDistrict Court, W.D. Louisiana · 1930
- City of Clayton v. NemoursSupreme Court of Missouri · 1944
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
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