Langkop v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. Darsey W. Shackelford, Judge. (1) The demurrer to the evidence should have been sustained. Plaintiffs’ land on which the crops were destroyed and damaged was not adjoining land to the railroad, nor next adjoining. Defendant was not bound to keep its fences in repair for the benefit of anyone except the adjoining owner. Kelly v. Bailroad, 65 Mo. 172; Smith v. Bailroad, 25 Mo. App. 113; Ferris v. Bailroad, 30 Mo.
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Appeal from the Cooper Circuit Court. — Hon. Darsey W. Shackelford, Judge. (1) The demurrer to the evidence should have been sustained. Plaintiffs’ land on which the crops were destroyed and damaged was not adjoining land to the railroad, nor next adjoining. Defendant was not bound to keep its fences in repair for the benefit of anyone except the adjoining owner. Kelly v. Bailroad, 65 Mo. 172; Smith v. Bailroad, 25 Mo. App. 113; Ferris v. Bailroad, 30 Mo. App. 122 ;■ Harrington v. Bailroad, 71 Mo. 384; Johnson v. Bailroad, 80 Mo. 260; Peddicord v. Bailroad, 80 Mo. 160. (2) The demurrer should…
1Opinion of the CourtSmith, P. J.
This is an action brought under section 2611, Revised Statutes, to recover damages for injuries to crops standing and growing on certain lands, owned and rented by plaintiffs, caused by hogs entering upon the same from the defendant’s right, of way through a defective fence. There was a trial and judgment for plaintiffs, to reverse which defendant appealed.
The facts which we think the evidence tends to prove will be better understood by reference to the following plat used at the trial and preserved in the record before us.
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a. Two or three acres rented by Langkop of Chelton.
b. Gap made by…
2Cases cited3 opinions
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Van Valen v. Russell & AllenNew York Supreme Court · 1852