Duke v. Kansas City, Ft. Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Howell Circuit Court.—Host. J. P. Hale, Judge. The evidence totally fails to show where the animal got on the track. Ramsey says he does not know where it got on the track. Without this proof the plaintiff cannot recover. • Nance «. Railroad, 79 Mo. 196; Jantzenn. Railroad, 83 Mo. 171; Wilson v. Railroad, 18 Mo. App. 358; Pearson v. Railroad, 33 Mo.
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Appeal from the Howell Circuit Court.—Host. J. P. Hale, Judge. The evidence totally fails to show where the animal got on the track. Ramsey says he does not know where it got on the track. Without this proof the plaintiff cannot recover. • Nance «. Railroad, 79 Mo. 196; Jantzenn. Railroad, 83 Mo. 171; Wilson v. Railroad, 18 Mo. App. 358; Pearson v. Railroad, 33 Mo. App. 543. There was no proof that William Young was a justice of the peace of Willow Springs township, or Howell county. This is a jurisdictional fact, and must be shown by the evidence and the transcript. 1 Greenleaf on Evidence,…
1Opinion of the CourtTiiompsoN, J.
This was an action for damages' under section 809 of the Revised Statutes of 1879, for injury to plaintiff’s ox, and the plaintiff ’ s heifer, by the defendant’s locomotive 'and cars, on the defendant’s railway track at a place where the track passes along unenclosed lands and is not protected by a lawful fence. The statement recites that the ox and heifer came upon the defendant’s track, where it passes alongUnenclosed lands, and *107where there was not any public highway. On trial anew in the circuit court before the judge sitting as a jury, there was a finding that the plaintiff had sustained…
2Cases cited6 opinions
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- Jantzen v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
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3Cited by5 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Ellis v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1901
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Dean v. Omaha & St. Louis Railway Co.Missouri Court of Appeals · 1893