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FERGUSON v. MISSOURI PACIFIC RAILROAD COMPANY

No. 25125.

442 S.W.2d 549 (1969)

John H. FERGUSON, Respondent, v. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Appellant.

Kansas City Court of Appeals, Missouri.

June 2, 1969.

Attorney(s) appearing for the Case

Hendren & Andrae, John E. Burruss, Jr., Jefferson City, for appellant.

Pine & Lockard, Gayles R. Pine, Warrensburg, for respondent.

SHANGLER, Judge.

Plaintiff John H. Ferguson brought suit against the defendant Missouri Pacific Railroad Company for negligently failing to maintain and keep in repair a lawful fence along its right-of-way adjacent to plaintiff's farm in violation of Section 389.650 RSMo., V.A.M.S. As a result, plaintiff's cattle strayed through defendant's fence upon its right-of-way and thereupon 33 of them were struck and destroyed by its train. During the course of the trial the...

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