Worley v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Ron. Jas. L. Fort, Judge. (1) Our contention is, and all tbe evidence bears out our contention, that tbe'mule came upon tbe railroad track at a public crossing, and it makes no difference where it was struck if it came upon tbe track at a public crossing with tbe company’s railroad, tbe company is not liable for double 'damages for tbe killing of tbe mule.
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Appeal from Stoddard Circuit Court. — Ron. Jas. L. Fort, Judge. (1) Our contention is, and all tbe evidence bears out our contention, that tbe'mule came upon tbe railroad track at a public crossing, and it makes no difference where it was struck if it came upon tbe track at a public crossing with tbe company’s railroad, tbe company is not liable for double 'damages for tbe killing of tbe mule. We are mindful of tbe fact that this court bas recently decided that where a cow came upon a railroad from a public highway and escapes and gets upon tbe track by reason of insufficient cattle-guards,…
1Opinion of the CourtReynolds, P. J.
Action for double damages under section 1105, Revised Statutes 1899, for killing a mule. The petition avers that the mule strayed on the track at a point where the railroad passes through, etc., enclosed fields, etc., “and at a point where said defendant was Required by law to erect and maintain good and lawful fences, etc., and also construct and maintain cattle-guards at said point sufficient to prevent said mule from getting on said railroad; that said mule strayed and went in and upon said railroad track and grounds by reason of the failure and neglect of defendant to construct and…
2Cases cited1 opinion
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
3Cited by3 opinions
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Adams v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Sampson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1926