Wier v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
Error to Iron Circuit Court. John L. Thomas, for plaintiff in error, contended that the cases of Iba v. Hann, & St. Jo. R.R. Co, 45 Mo. 469 ; Meyer v. North Mo. R.R. Co., 35 Mo. 352, and Yan Decker v. Rensselaer & Saratoga R.R. Co., 13 Barb. 390, did not adjudicate the case at bar, and that on principle there was more necessity for fencing railroad tracks in towns and cities, and particularly about depots and switches, the neighborhood where the accident occurred.
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Error to Iron Circuit Court. John L. Thomas, for plaintiff in error, contended that the cases of Iba v. Hann, & St. Jo. R.R. Co, 45 Mo. 469 ; Meyer v. North Mo. R.R. Co., 35 Mo. 352, and Yan Decker v. Rensselaer & Saratoga R.R. Co., 13 Barb. 390, did not adjudicate the case at bar, and that on principle there was more necessity for fencing railroad tracks in towns and cities, and particularly about depots and switches, the neighborhood where the accident occurred. The cases already decided by this court clearly relieve the defendant from the imputation of implied negligence for not having…
1Opinion of the CourtCurrier, Judge
This suit was brought to recover the value of a horse killed upon the defendant’s railroad within the corporate limits of the town-of De Soto, a town which, as the agreed statement shows, was duly laid off into streets and avenues, blocks and lots. It is admitted, moreover, that the ground over which the defendants have a right of way for. the purposes of their railroad in the town of De Soto, at the point where the accident complained of occurred, is, and for the past twelve years has been, used by the *559public as a “ public highway.” Were the defendants under legal obligations to fence up…
2Cases cited2 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Meyer v. North Missouri RailroadSupreme Court of Missouri · 1864
3Cited by8 opinions
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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