Brown v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Row. John A. Eockaday, Judge, (1) There was no proof that the horse in question was frightened by an engine and by reason of such fright ran into the fence and was killed. Briggs v. Railroad, 111 Mo. 168-175; Perkins v. Railroad, .103 Mo. 52; Yeager v. Railroad, 61 Mo.
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Appeal from Randolph Circuit Court. — Row. John A. Eockaday, Judge, (1) There was no proof that the horse in question was frightened by an engine and by reason of such fright ran into the fence and was killed. Briggs v. Railroad, 111 Mo. 168-175; Perkins v. Railroad, .103 Mo. 52; Yeager v. Railroad, 61 Mo. App. 594. (2) All the evidence shows that the plaintiff’s horse passed onto the railroad from the pasture of one Lusk, and there was no proof that the horse was in the pasture by Lusk’s permission. Geiser v. Railroad, 61 Mo. App. 459, 463; Ferris v. Railroad, 30 Mo. App. 122,124. (3) The…
1Opinion of the CourtBroaddus, J.
On December 3, 1900, this cause was affirmed in this court. On the 12th day of said month a motion for rehearing was filed on the ground that the decision was in conflict with a controlling decision of the Supreme Court, to-wit: Paddock v. Railway, 155 Mor 524, wherein it was held that section 2613, Re*694vised Statutes 1889 (section 1107, Revised Statutes 1899),. that provided for an attorney’s fee in case the owner of live stock should be compelled to sue for damages to such stock injured or killed, occasioned by reason of the failure of a railroad company to fence its tracks, as provided by…
2Cases cited3 opinions
- Edelmann v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Hequembourg v. EdwardsSupreme Court of Missouri · 1900
3Cited by7 opinions
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Carpenter v. BurmeisterMissouri Court of Appeals · 1925
- Chuse Engine & Manufacturing Co. v. Vromania Apartment Co.Missouri Court of Appeals · 1910
- Fisher v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Webb v. BaldwinMissouri Court of Appeals · 1912
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