Legal Opinion

Rhea v. St. Louis & San Francisco Railway Co.

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 6 opinions

Appeal from Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. It has been uniformly held by this court, that railroad companies are under no obligation to fence their track where it crosses the plat of a town, or city, and. consequently they cannot be held liable under the provisions of section 809 of the Revised Statutes of 1879. Lloyd v. Pacific P. R., 49 Mo. 199 ; Cousins v. Railroad, 66 Mo. 572. “It is inaccurate to say that there is any obligation to fence imposed…

Read the full summary

Appeal from Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. It has been uniformly held by this court, that railroad companies are under no obligation to fence their track where it crosses the plat of a town, or city, and. consequently they cannot be held liable under the provisions of section 809 of the Revised Statutes of 1879. Lloyd v. Pacific P. R., 49 Mo. 199 ; Cousins v. Railroad, 66 Mo. 572. “It is inaccurate to say that there is any obligation to fence imposed by section five of the damage act. We do not mean to say that fences can in no case be lawfully erected in towns and…

1Opinion of the Court

Ewing, C.

This was a suit to recover damages for killing stock, on the following agreed statement of facts : “That the appellant was, on the-day of June, 1881, a railroad corporation, operating a railroad through the township of Pierce, in the county of Lawrence ; that on said date the respondent was the owner of a cow of the value of fifty dollars ($50) ; that said cow came upon appellant’s railroad track at a point in said township, where the same runs through and within the corporate limits of an incorporated city, to-wit: Pierce City, and where there were no fences, and where the land was…

2Cases cited5 opinions

  1. Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
  2. Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  3. Crutchfield v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
  4. Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
  5. Cary v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1875

3Cited by6 opinions

  1. Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
  2. Brandenburg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1891
  3. Grant v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
  4. Stout v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
  5. Smith v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API