Laney v. Kansas City, St. Joseph & Council Bluffs Railroad

Citations

• 83 Mo. 466

Syllabus

<p>1. Railroads : killing stock : fences. A railroad company cannot be held liable for the killing of stock, occasioned by defective fencing, unless it is shown that after having knowledge of defects it failed to repair them within a reasonable time, or that the defects had existed for such length of time that the company could by the exercise of reasonable diligence have had knowledge óf and repaired them.</p> <p>2. -:-: evidence : demurrer. Where it appears from the evidence that the gate through which it was alleged plaintiff’s mare passed onto the railroad track, where she was killed, was made for plaintiff’s convenience, and that it was not discovered to be out of repair until a week after the accident, and was not noticed to be defective on the morning thereafter by plaintiff’s son, who passed through it, and that, further, there was a failure of proof tending to show that the gate was open by. reason of defective fastenings, when the mare passed through it, plaintiff cannot recover, and a demurrer to the evidence should be sustained.</p>