Roberts v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Eon. David E. Eby, Judge. (1). To maintain his case on this theory, it was necessary for plaintiff to have shown (a) that he was either the owner of the land adjacent to the railroad, or that his horse was at the time lawfully upon said land (Harrington v. Railroad, 71 Mo. 384; Rinehart v. Railroad, 80 S. W. 910) ; (b) that this was a necessary farm crossing (section 1105, R. S. 1899); and (c) that the gate did not have such a…
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Appeal from Louisiana Court of Common Pleas. — Eon. David E. Eby, Judge. (1). To maintain his case on this theory, it was necessary for plaintiff to have shown (a) that he was either the owner of the land adjacent to the railroad, or that his horse was at the time lawfully upon said land (Harrington v. Railroad, 71 Mo. 384; Rinehart v. Railroad, 80 S. W. 910) ; (b) that this was a necessary farm crossing (section 1105, R. S. 1899); and (c) that the gate did not have such a fastening as was a hook or latch within the meaning of the statute. Plaintiff did submit all these matters to the jury in…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The material portions of the statute are as follows:
“Every railroad corporation formed or to be formed in this State, and every corporation to be formed under this article, or any railroad corporation running or operating any railroad in this State, shall erect and maintain lawful fences on the sides of the road where the same passes through, along or adjoining inclosed or cultivated fields or uninclosed lands, with openings and gates therein, to be hung and have latches or hooks, so that *380they may be easily opened and shut, at all necessary farm crossings of the…
2Cases cited7 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Binicker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Miller v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Rowen v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1899
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