Walther v. Pacific R. R.
Supreme Court of Missouri
Error to Cole Circuit Court. I. The stock came on the road from an unenclosed and uncultivated, rough, rocky piece of woodland “commons” and not from an enclosed or cultivated field, or an unenclosed prairie,” the only cases provided for by the statute. Hence defendant was not liable under the statute. (Wagn. Stat., 310, §4.3; Cecil vs. Pac. R. R., 47 Mo., 246.)
1Opinion of the Court
■ Tories, Judge,
delivered the opinion of the court.
This action was brought before a justice of the peace, under §43, Art. II, of the statutes of this State, concerning corporations, (Wagn. Stat., 1872, p. 310,) to recover double damages for the killing of a horse by defendant, at a point on defendant’s railroad where it passed along and adjoining enclosed and cultivated fields, and where the road was not fenced by a good or sufficient fence as required by law
*272The statement filed before the justice as a cause of action charged, that the defendant was an incorporated company under the lafas of…
2Cases cited2 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
3Cited by8 opinions
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Robertson v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1877
- Walton v. Wabash Western Railway Co.Missouri Court of Appeals · 1888
- Field v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Schlotzhauer v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1901
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