Section 488.470

Title XXXII COURTS

Chapter 488

Effective - 28 Aug 2000   

  488.470.  Lawful fences, gates, liability to erect or maintain, when — recovery of costs, attorney fees. — If any railroad corporation formed or to be formed in this state, and any corporation to be formed pursuant to chapter 389, or any railroad corporation running or operating any railroad in this state fails, neglects or refuses to erect or maintain in good condition any fence, openings or farm crossings or cattle guards as required by section 389.650, then the owners or proprietors of such lands, fields or enclosures may erect or repair such fences, openings, gates or farm crossings or cattle guards, and shall thereupon have a right to sue and recover from such corporation as provided in section 389.650.  In such action, if the plaintiff recovers judgment, there shall be taxed, pursuant to section 389.650, as costs against the defendant an attorney's fee, to be fixed by the court or associate circuit judge before which or whom the cause may be pending, at such sum as may be a reasonable compensation for all legal services rendered for plaintiff in the case, without regard to any agreement between plaintiff and his or her counsel as to fees; but such fee shall not be taxed so long as any appeal taken in such case shall remain undisposed of.

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(L. 2000 S.B. 1002 Revision)