Sharp v. Q., O. & K. C. Ry. Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Eon. John P. Butler, Judge. (T) The statute is penal and a strict compliance With all of its provisions must he shown in order to sustain a recovery. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 M'o. 56; Railroad v. Ziegler, 108 111. 304. (2) The giving of notice of an intention to build a fence is not required by the statute. McNear v. Railroad, 42 Mo.
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Appeal from the Sullivan Circuit Court. — Eon. John P. Butler, Judge. (T) The statute is penal and a strict compliance With all of its provisions must he shown in order to sustain a recovery. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 M'o. 56; Railroad v. Ziegler, 108 111. 304. (2) The giving of notice of an intention to build a fence is not required by the statute. McNear v. Railroad, 42 Mo. App. 14. (3) A notice to repair is the only notice required or allowed by the statute where there is an existing fence. R. S. 1899, sec. 1105; McNear v. Railroad, supra. (4) Notice to repair must be…
1Opinion of the Court
ELLISON, J. —
Plaintiff instituted this action before a justice of the peace to recover the cost of a fence *530which, he built on the line of defendant’s right of way along or through plaintiff’s premises. There was a judgment in plaintiff’s favor before the justice and also on appeal to the circuit court.
The action is founded on section 1105, Revised Statutes 1899. Plaintiff served defendant with a written notice “to build me a hog tight fence along the north side of your railroad.” The evidence disclosed that the railway company had a fence already constructed but that it was not a proper or…
2Cases cited3 opinions
- Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- Morrow v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
- McNear v. Wabash Railway Co.Missouri Court of Appeals · 1890
3Cited by7 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- Bryant v. Board of ExaminersMontana Supreme Court · 1956
- Bartlett v. GraffenreidMissouri Court of Appeals · 1957
- White v. PerkinsCourt of Appeals of Texas · 1933
- Murch v. NowlinMissouri Court of Appeals · 1914
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