Legal Opinion

Roberts v. Quincy, Omaha & Kansas City Railroad

Missouri Court of Appeals

Decided January 13, 1891PublishedCited by 20 opinions

Appeal from the Lewis County Circuit Court. — Hon. Ben. E. Turner, Judge.

1Opinion of the CourtRombauer, P. J.

This is an action to recover double damages for the killing of plaintiff’s horses by-defendant’s locomotive. The petition as originally framed contained five counts, but the third count was dismissed before trial. The remaining counts claimed damages on the following grounds : First. a A failure to erect fences and cattle-guards along defendant’s road where it runs through inclosed fields. Second. A similar failure where it runs through uninclosed lands. Fourth. .A failure to maintain a sufficient crossing-over a public road. The fifth count purports to state a cause of action for single…

2Cases cited2 opinions

  1. Brinkman v. HunterSupreme Court of Missouri · 1880
  2. Walton v. St. Louis, Iron Mountain & Southern Rwy. Co.Supreme Court of Missouri · 1877

3Cited by20 opinions

  1. New York Life Ins. Co. v. RankinCourt of Appeals for the Eighth Circuit · 1908
  2. Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
  3. Jackson v. FultonMissouri Court of Appeals · 1901
  4. Drolshagen v. Union Depot RailroadSupreme Court of Missouri · 1905
  5. Dow v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906

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