Home/Missouri Court of Appeals/Bloomfield v. St. Louis & San Francisco Railroad

Bloomfield v. St. Louis & San Francisco Railroad

109 S.W. 824, 130 Mo. App. 373, 1908 Mo. App. LEXIS 242
CourtMissouri Court of Appeals
DecidedApril 14, 1908
StatusPublished

This text of 109 S.W. 824 (Bloomfield v. St. Louis & San Francisco Railroad) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bloomfield v. St. Louis & San Francisco Railroad, 109 S.W. 824, 130 Mo. App. 373, 1908 Mo. App. LEXIS 242 (Mo. Ct. App. 1908).

Opinion

GOODE, J.

Plaintiff sued for double damages for the killing of a coav by one of defendant’s locomotives. The accident occurred at the station of Lilburn in New Madrid county. The defense is that the cow was struck within the switch limits of said station and where defendant was not, bound to maintain fences and cattle-guards. Lilburn is an incorporated village contain ing from seventy-five to one hundred inhabitants, but the accident occurred outside the corporation line; per-: haps three or four hundred feet to the south of it and three quarters of a mile from defendant’s depot or station. The track of defendant runs north and south at Lilburn and is bisected by the main line of the Cotton [375]*375Belt Eailroad and also by a branch line of said road running oyer to New Madrid. The main line of the Cotton Belt crosses defendant’s line a short distance south of defendant’s depot, and the branch line crosses defendant’s line from a quarter to a half mile further south. The two lines of the Cotton Belt, the main and branch, converge about a quarter of a mile west of defendant’s road. Leading off from the branch line of the Cotton Belt in á southeasterly direction, is a curved track called the connecting track, which unites said branch line with defendant’s line. The junction of the two is'three or four hundred feet south of the south boundary of the village of Lilburn. The cow was killed close to the apex of the track where the branch line of the Cotton Belt joins defendant’s main line and near a cattle-guard. The cow was struck by a train traveling south and carried -about one hundred and fifty feet further south. Along that part of defendant’s right of way there are fences on both sides, but no wing fences leading from the side fences to the cattle-guard, and hence cattle could stray on the track. There is also a side track immediately opposite the point where the animal Avas struck, running parallel to defendant’s main track and connecting Avith it at the north and south ends of the ..side track. It was used as a passing track to' enable defendant’s trains to pass each other. This diagram Avill illustrate the situation, though it is not drawn to scale so as to indicate the distances in conformity to the testimony of the witnesses.

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Related

Hillman v. Grays Point Terminal Railway Co.
73 S.W. 220 (Missouri Court of Appeals, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
109 S.W. 824, 130 Mo. App. 373, 1908 Mo. App. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloomfield-v-st-louis-san-francisco-railroad-moctapp-1908.