Riggs v. St. Francois County Railway Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court.— Hon. Olías. A. Killian, Judge. (1) The Double Damage statute (Revised Statutes of 1899, section 1105), relating to the liability of railroad corporations- for a failure to erect and maintain lawful fences on the sides of its road, does not apply to street railway companies. Sams v. Railway, 174 Mo. 53; Johnson V. Railway, 104 Mo. App. 588; Stocks v. Transit Co., 106 Mo. App. 129; Godfrey v. Transit Co., 107 Mo.
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Appeal from St. Francois Circuit Court.— Hon. Olías. A. Killian, Judge. (1) The Double Damage statute (Revised Statutes of 1899, section 1105), relating to the liability of railroad corporations- for a failure to erect and maintain lawful fences on the sides of its road, does not apply to street railway companies. Sams v. Railway, 174 Mo. 53; Johnson V. Railway, 104 Mo. App. 588; Stocks v. Transit Co., 106 Mo. App. 129; Godfrey v. Transit Co., 107 Mo. App. 193; Houts v. Transit Co., 108 Mo. App. 686; Railway v. Lolie, 67 L. R. A. 637; 19 Am. and Eng. Ency. Law, p. 941. (2) The privilege which…
1Opinion of the CourtNortoni, J.
(after stating the facts.)
1. The first proposition advanced for reversal of the judgment is that appellant is not a railroad corporation within the contemplation of section 1105, R. S. 1899, and as such, required to fence its right of way for the better security and protection of animals on the highway and at large, through the country traversed by it. The case of Sams v. Railway, 174 Mo. 53, is cited and relied upon to sustain this contention, and it is argued' that the Supreme Court in that case ruled to the effect that the general statutes of the State employing the term “railroad” has…
Also in this document: Concurrence.
2Cases cited12 opinions
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
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3Cited by12 opinions
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
- Gibbons & Reed Company v. Bureau of RevenueNew Mexico Supreme Court · 1969
- Meriwether v. George Knapp & Co.Supreme Court of Missouri · 1908
- Clay v. Missouri State Highway CommissionSupreme Court of Missouri · 1951
7 more not listed; retrieve them via the Exa API.