Maberry v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant could only be held liable upon proof either that the defendant knew of the defect in the fence, or that a period had elapsed, in which, by the exercise of reasonable diligence, it could have had knowledge thereof, and that it had failed to repair the defect.
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Appeal from dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant could only be held liable upon proof either that the defendant knew of the defect in the fence, or that a period had elapsed, in which, by the exercise of reasonable diligence, it could have had knowledge thereof, and that it had failed to repair the defect. Clardy v. Railroad Co., 73 Mo. 576; Case v. Railroad Co., 75 Mo. 668; Walthers v. Railroad Co., 78 Mo. 617. What is such reasonable time must depend on circumstances. Bishop v. O'Connell, 56 Mo. 158. Here, there is no proof that the defendant had the facilities…
1Opinion of the Court
Martin, C.
This is an action under section 809, Revised Statutes, 1879, for damages suffered by plaintiff in the loss of a mare killed by the engine and train of defendant.
The evidence tended to show that the mare got upon the track by passing through a gap or breach in the enclosing fence. A tree had fallen on the fence and broken it down. While the tree remained the inclosing fence was sufficient to turn stock. Afterward the tree, from cause not appearing in evidence, took fire and was burned, thus leaving an open space for the passage of stock. The tree had burned up some time before the…
2Cases cited3 opinions
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Case v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1882
3Cited by3 opinions
- Goodrich v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1899
- Ackley v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1888
- Foster v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891