Anthony v. St. Louis, Iron Mountain & Southern Ry. Co.

• Decision Date: 31 October 1882
• Citation: Anthony v. St. Louis, Iron Mountain & Southern Ry. Co., 76 Mo. 18 (Mo. 1882)
• Court: Missouri Supreme Court
• Parties: ANTHONY v. THE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant.

76 Mo. 18

ANTHONY

v.THE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1882.

Appeal from Madison Circuit Court.--HON. J. H. NICHOLSON, Judge.

AFFIRMED.

Bennett Pike and Geo. H. Benton for appellant.

B. B. Cahoon for respondent.

HENRY, J.

This suit originated in a justice's court, in Madison county, and was for double damages for the alleged killing of plaintiff's mare, by one of defendant's trains of cars. A judgment by default was rendered against defendant by the justice, from which defendant appealed to the circuit court, where, on a trial by the court, a jury having been waived, plaintiff again obtained judgment, from which defendant has appealed to this court. There was evidence to show that the mare got on the track of defendant's road through a pair of bars at a farm crossing, placed there by the company for the use of the farm; that the bars had been out of repair for a long time, and their condition had been reported to the company; that the bars were three planks high, and the top plank was so short that it barely touched the post, so as to be easily thrown off by the wind; that the two planks were off when the mare was found dead. No instructions were asked by plaintiff; no declarations of law were made by the court, and the court refused one asked by the defendant to the effect, that after it has erected a fence on the sides of its road, and it is broken down, defendant has a reasonable time to find out its condition and repair it, before its liability begins.

It is sufficient to dispose of the point made by appellant on the...