Winters v. Hines
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) We admit that if a railroad be constructed across a traveled road, such as the one involved in this case, then the company must maintain wing fences and cattle guards (and not-gates), even though the road has not been established by public authority, nor funds expended thereon. Sikes v. Railroad, 127 Mo. App. 326; Dow v. Railroad, 116 Mo. App. 555; Roberts v. Railroad, 43 Mo.
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Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) We admit that if a railroad be constructed across a traveled road, such as the one involved in this case, then the company must maintain wing fences and cattle guards (and not-gates), even though the road has not been established by public authority, nor funds expended thereon. Sikes v. Railroad, 127 Mo. App. 326; Dow v. Railroad, 116 Mo. App. 555; Roberts v. Railroad, 43 Mo. App. 287. (2) But the principle announced in the cases last cited is not to be applied to a case where, as here, the railroad was…
1Opinion of the CourtCox, P. J.
Action for single damages for frightening a horse and running him into a trestle on defend ant’s track. The petition was in two counts; the first count based on failure to erect and maintain good and sufficient fence by reason of which the horse came upon the track and was then frightened by a locomotive and train and ran into the trestle and was killed. The second count was based on negligence of the employees in charge of the train in not stopping after they discovered the peril of the horse. At the close of the testimony, plaintiff elected to stand on the first count. The jury returned a…
2Cases cited8 opinions
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1882
- Jenkins v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
- Jackson v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
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3Cited by2 opinions
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Hildebrand v. C. B. & Q. R. R.Wyoming Supreme Court · 1932