Dyer v. Pacific Railroad
Supreme Court of Missouri
Error to Cole Circuit Court. I. The railroad is not required by its charter, or any law of this State, to build fences on the sides of the track, except where the same passes through enclosed fields. (E. C. 1855, p. 437, § 52.) And “ where there is no law, there is no transgression.” II. So far as the damage act'(R. C. 1855, p. 649, § 5) may affect other cases, it has no application to this case.
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Error to Cole Circuit Court. I. The railroad is not required by its charter, or any law of this State, to build fences on the sides of the track, except where the same passes through enclosed fields. (E. C. 1855, p. 437, § 52.) And “ where there is no law, there is no transgression.” II. So far as the damage act'(R. C. 1855, p. 649, § 5) may affect other cases, it has no application to this case. That act makes defendant liable for all injuries to cattle without regard to the question of diligence or negligence, (Burton v. North Mo. R.R., 30 Mo. 875,) unless the injury occurs in enclosed…
1Opinion of the CourtDryden, Judge
This is a suit against the corporation for damages for killing the plaintiff’s steer on the defendant’s railroad, by means of its locomotives and cars.
It is not averred in the petition, that the injury complained of was committed negligently or wilfully ; nor are the facts averred from which- the law raises the inference of negligence or wilfulness. The petition states there was no sufficient fence on the sides of the railroad at the place where the injury was committed, but it does not appear that the injury was not committed at the crossing of a public highway. (R. C. 1855, sec. 5, p. 649.)…
2Cases cited2 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863
- Quick v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1861
3Cited by6 opinions
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- Keeton v. St. Louis & Meramec River Railway Co.Missouri Court of Appeals · 1905
- Rawson v. Kansas City Elevated Railway Co.Missouri Court of Appeals · 1908
- Hurley v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1913
- Glenn v. WearyMissouri Court of Appeals · 1896
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