Clark's v. Hannibal
Supreme Court of Missouri
Appeal from, Livingston Circuit Court. The facts of the case are stated in the opinion. * After the evidence for plaintiff and defendant was closed, the court was asked to charge the jury as follows : The plaintiff moved the court to declare the law to be— 1. That if, in the construction of said road, the laborers, agents or employees of said railroad, in the employment oE ■defendant in 1857, threw down the fence around plaintiff’s field of corn, at a point more than fifty…
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Appeal from, Livingston Circuit Court. The facts of the case are stated in the opinion. * After the evidence for plaintiff and defendant was closed, the court was asked to charge the jury as follows : The plaintiff moved the court to declare the law to be— 1. That if, in the construction of said road, the laborers, agents or employees of said railroad, in the employment oE ■defendant in 1857, threw down the fence around plaintiff’s field of corn, at a point more than fifty feet from the centre of said railroad track, and left the same down, and that, by reason thereof, cattle, hogs, &c.,…
1Opinion of the CourtHolmes, Judge
This action was brought to the May term, 1860, of the Circuit Court of Livingston county, for the recovery of damages done to the plaintiff’s property in process of the construction of the Hannibal and St. Joseph railroad through the • plaintiff’s enclosed farm, and for killing cattle in the years 1857 to 1860. ' The amended petition on which the case was tried contained five counts: the first, for damages occasioned in 1857 by the laborers on the road throwing down the fences to a greater width than the strip of land condemned for the use of the railroad, without, at the same time, fencing…
2Cases cited14 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Downing v. BourlierSupreme Court of Missouri · 1855
- Fenwick v. LoganSupreme Court of Missouri · 1823
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3Cited by82 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Harriman v. StoweSupreme Court of Missouri · 1874
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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