488.470. Lawful fences, gates, liability to erect or maintain, when--recovery of costs, attorney fees. - Missouri Statutes

Lawful fences, gates, liability to erect or maintain, when--recoveryof costs, attorney fees.

488.470. If any railroad corporation formed or to be formed in thisstate, and any corporation to be formed pursuant to chapter 389, RSMo, orany railroad corporation running or operating any railroad in this statefails, neglects or refuses to erect or maintain in good condition anyfence, openings or farm crossings or cattle guards as required by section389.650, RSMo, then the owners or proprietors of such lands, fields orenclosures may erect or repair such fences, openings, gates or farmcrossings or cattle guards, and shall thereupon have a right to sue andrecover from such corporation as provided in section 389.650, RSMo. Insuch action, if the plaintiff recovers judgment, there shall be taxed,pursuant to section 389.650, RSMo, as costs against the defendant anattorney's fee, to be fixed by the court or associate circuit judge beforewhich or whom the cause may be pending, at such sum as may be a reasonablecompensation for all legal services rendered for plaintiff in the case,without regard to any agreement between plaintiff and his or her counsel asto fees; but such fee shall not be taxed so long as any appeal taken insuch case shall remain undisposed of.

(L. 2000 S.B. 1002 Revision)