Harrington v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. Geo. W. Dunn, ' Judge. This was an action under the 43rd section of the railroad law to recover double damages for the killing of a mare belonging to plaintiff. The railroad company had made a farm crossing over its road for one Elliott Miller, who owned land on both sides of the road. Instead of gates with latches or hooks for a fastening the company had provided sliding panels in the fences.
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Appeal from Platte Circuit Court. — Hon. Geo. W. Dunn, ' Judge. This was an action under the 43rd section of the railroad law to recover double damages for the killing of a mare belonging to plaintiff. The railroad company had made a farm crossing over its road for one Elliott Miller, who owned land on both sides of the road. Instead of gates with latches or hooks for a fastening the company had provided sliding panels in the fences. These panels, Miller testified, were satisfactory to Mm. The fences were of the lawful height and in good repair. The evidence tended to show that plaintiff’s…
1Opinion of the CourtHenry, J.
In the case of Berry v. St. Louis, Salem $• Little Rock R. R. Co., 65 Mo. 172, it was held by this court that: “ The duty of fencing the sides of their roads through inclosed and cultivated fields, is imposed upon railroad companies for the benefit of the owner or proprietor of such fields and inclosures. * * The cattle of a stranger which are on the premises of the adjoining proprietor, without right, are not within the protection of the statute.” If the fence around the field of the adjoining proprietor was a lawful fence, there was no obligation on the company, except as to such…
2Cases cited1 opinion
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
3Cited by30 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Adams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
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