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Shelton v. St. Louis, Kansas City & Northern Railway Co.

Basil Shelton v. St. Louis, Kansas City & Northern Railway Company

Shelton v. St. Louis, 60 Mo. 412 (1875)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
May 15, 1875
Judges
Other, Sherwood
Citations
60 Mo. 412
Headnotes
1. Railroads — Damages—Stock killed’■ — Uninclosed prairie land. — The failure of a railroad corporation to fence its track will render it liable in damages for injuries to stock along the line of-its road, without proof of negligence, where the evidence shows that the land at the point of the casualty was uninclosed and also prairie land. (Cary vs. St. L., K. C. & N. R. R., ante p. 209.)
Summary
Appeal from Clinton Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sherwood

Text extracted by OCR from a scanned original; check the original for exact wording.

Sherwood, Judge,

delivered the opinion of the court.

Action for killing a cow, based on § 43, p. 310, Wagn. Sfat. The court sitting as a jury found for plaintiff, doubled his damages, and gave him judgment for-$100. •

The case of Cary against the defendant, decided at the present term, is, with one exception, precisely like this one; the only point of difference being that in the latter ease it was in evidence that the animal was killed at a point where defendant’s road passed through uninclosed prairie lands.

For the reasons stated in that opinion, the judgment will be affirmed ; as in the former case the judgment of the trial court was reversed for the sole reason that there was an entire absence of testimony on the point above mentioned.

The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 21892–1893: 11938–1939: 11958–1959: 118822026peak 1882 · 2

Relies on it most ⓘ

  1. Catlett v. Railway Co.21 S.W. 1062 (Ark. 1893)
  2. Waterbury v. New York C. & H. R. R. Co.17 F. 671 (1883)
  3. Sanders v. Baird112 S.W.2d 966 (Ark. 1938)
  4. Chicago, Burlington & Quincy Railroad v. Casey9 Ill. App. 632 (1882)
  5. Sams v. Pacific Indemnity Co.170 F. Supp. 909 (W.D. Ark. 1959)

Most recent

  1. Sams v. Pacific Indemnity Co.170 F. Supp. 909 (W.D. Ark. 1959)
  2. Sanders v. Baird112 S.W.2d 966 (Ark. 1938)
  3. Catlett v. Railway Co.21 S.W. 1062 (Ark. 1893)
  4. Waterbury v. New York C. & H. R. R. Co.17 F. 671 (1883)
  5. Chicago, Burlington & Quincy Railroad v. Casey9 Ill. App. 632 (1882)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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