Kirby v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Eandolph Circuit Court. — Hon. J. A. Hoclcaday, Judge. (1) The opinions expressed by the witnesses were improper and prejudicial. Muff v. Eailway, 22 Mo. App. 584. (2) The defendant’s evidence was admissible under the first answer — a general denial. Scudder v. Atwood, 55 Mo. App. 512; Madison v. Eailway, 60 Mo.
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Appeal from the Eandolph Circuit Court. — Hon. J. A. Hoclcaday, Judge. (1) The opinions expressed by the witnesses were improper and prejudicial. Muff v. Eailway, 22 Mo. App. 584. (2) The defendant’s evidence was admissible under the first answer — a general denial. Scudder v. Atwood, 55 Mo. App. 512; Madison v. Eailway, 60 Mo. App. 608; Bird v. Sellers, 113 Mo. 580. (3) The court below erred in refusing to permit the pleadings to be amended, before final judgment, to conform to the proof. E. S. Mo. 1899, sec. 657; Martin v. Martin, Adm’r, 27 Mo. 227; Callahan v. McMahan, 33 Mo. 114; Archer…
1Opinion of the CourtSmith, P. J.
— This action is bottomed on tbe provisions of section 1109, Revised Statutes 1899, to recover double damages for an injury to a cow. Tbe evidence was, as we think, quite sufficient to justify tbe submission of tbe case to tbe jury. Tbe court on motion of plaintiff doubled tbe damages assessed by tbe jury and gave judgment accordingly.
Tbe defendant gave in evidence three special acts of tbe general assembly of tbis state relating to tbe North Missouri Railroad Company, to-wit: Tbe act of March" 3, 1851 — Session Acts 1851, p. 483; tbat of January 7, 1853 —Session Acts 1853, p. 323, and' tbat…
2Cases cited12 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Musser v. AdlerSupreme Court of Missouri · 1885
- Donovan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Busby v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Daniels v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1876
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3Cited by2 opinions
- Thompson v. BuchholzMissouri Court of Appeals · 1904
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915