Jackson v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. It appears affirmatively from the record that the public had acquiesced in the location of the road by using it, and it therefore became a road de facto, irrespective of whether or not it had been improved by the public authorities. The railroad company, therefore* did right to leave it open. It is immaterial how far the railroad ran over the traveled portion of the highway.
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Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. It appears affirmatively from the record that the public had acquiesced in the location of the road by using it, and it therefore became a road de facto, irrespective of whether or not it had been improved by the public authorities. The railroad company, therefore* did right to leave it open. It is immaterial how far the railroad ran over the traveled portion of the highway. No negligence can he predicated on building a railroad at an angle across a road or street. Lucláev. Railroad, 76 Mo. 639; Railroad v. Kocher, 46 Kan.…
1Opinion of the CourtBond, J.
This is an action for double damages under Revised Statutes of 1889, section 2611, for the killing of a heifer. It was submitted without a jury to the circuit judge, who decided for plaintiff ón the following agreed statement of facts:
“It is hereby stipulated and mutually agreed by and between the parties to the above entitled cause that this case shall be submitted to the court for its decision upon the following state of facts:
“First. The heifer sued for belonged to the plaintiff, and was worth $7.50. The heifer was killed by being struck by one of defendant’s engines on the road crossing,…
2Cases cited2 opinions
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- South Missouri Land Co. v. CombsMissouri Court of Appeals · 1893
3Cited by4 opinions
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- State ex rel. Webb v. McCuneMissouri Court of Appeals · 1908
- Winters v. HinesMissouri Court of Appeals · 1921
- Smith v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907