Dorsey v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Ho». James D. Barnett, Judge. As to whether it was necessary or desirable for the protection of the employees of defendant or for the convenient transaction of the business of appellant for the appellant to maintain open and without a cattle-guard the space between the west end or point of the switch and the place where the cattleguard had been taken out was a question for the jury. Brandenburg v. Railroad, 44 Mo.
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Appeal from St. Charles Circuit Court. — Ho». James D. Barnett, Judge. As to whether it was necessary or desirable for the protection of the employees of defendant or for the convenient transaction of the business of appellant for the appellant to maintain open and without a cattle-guard the space between the west end or point of the switch and the place where the cattleguard had been taken out was a question for the jury. Brandenburg v. Railroad, 44 Mo. App. 223; Acord v. Railroad, 113 Mo. App. 84; Duncan v. Railroad, 111 Mo. App. 193; Johnson v. Railroad, 27 Mo. App. 379,- Russell v.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the negligence of defendant in omitting to construct a cattle guard and fences at a point where its railroad passes uninclosed lands. Plaintiff recovered, and defendant prosecutes the appeal.. The statute (Sec. 3145, R. S. 1900) imposes the obligation on railroad companies to construct and maintain lawful fences along the sides of its railroad where it passes through, along or adjoining inclosed or uninclosed lands, and likewise to construct cattle guards and connect wing fences therewith at certain places contemplated. In event the…
2Cases cited19 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
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3Cited by4 opinions
- Davidson v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1924
- Roberts v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1918
- Davidson v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1924
- Sampson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1926