Case v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
.Appeal from Laelede Circuit Court. — Hon. R. "W. Fyan, J udge. This was an action upon the statute to recover double damages for the killing of certain hogs belongingto plaintiff.
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.Appeal from Laelede Circuit Court. — Hon. R. "W. Fyan, J udge. This was an action upon the statute to recover double damages for the killing of certain hogs belongingto plaintiff. There was evidence tending to show that at the place where the hogs came upon' the track defendant had erected and diligently tried to maintain a fence such as the law requires, but in spite of all the watchfulness its servants coiild exercise planks were often torn off and carried away by persons strangers to the company, and that the fence had been examined and found secure shortly before the killing of…
1Opinion of the Court
I
Sherwood, C. J.
There was obvious error in refusing to submit to the jury the question whether due diligence had been used by defendant’s agents to discover defects in the fence along its line of road. After a good and substantial fence has been built by a railroad company, as in the case at bar, its sole remaining duty is to use proper diligence in keeping the fence in suitable repair; and that defendant’s agents had performed this duty is established by witnesses introduced on its behalf, and this was sufficient to base an instruction upon. Clardy v. Railroad Co., 73 Mo. 576. Any other…
2Cases cited2 opinions
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by8 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Georgia Pacific Railroad v. FullertonSupreme Court of Alabama · 1885
- Rutledge v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
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