Legal Opinion

Mason v. Warner

Supreme Court of Missouri

Decided March 15, 1862PublishedCited by 10 opinions

Error to St. Louis Circuit Court. I. Actions for injury to persons or personal property are transitory. (Mostyn v. Eabrigas, Cowp. 161; S. O., 1 Smith’s Lead. Cas. 480 ; Thursby v. Plant, 1 Saund. 237 ; Thrale v. Cornwall, 1 Wils. 165; 1 Chit. PI. 272, 275 ; Bulwer ease, Pt. 7, 4 Coke. 57-62 ; Maurice y. Henry, 7 Taunt. 306; Whitham y. Stains, 2 Bos. & Pul. 354; Rafael v. Yerelst, 2 Wm. Black, 1058 ; Trimby v. Yiguier, 1 Bing., N. C., 151; 2 Bing, N. C., 202.) II.

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Error to St. Louis Circuit Court. I. Actions for injury to persons or personal property are transitory. (Mostyn v. Eabrigas, Cowp. 161; S. O., 1 Smith’s Lead. Cas. 480 ; Thursby v. Plant, 1 Saund. 237 ; Thrale v. Cornwall, 1 Wils. 165; 1 Chit. PI. 272, 275 ; Bulwer ease, Pt. 7, 4 Coke. 57-62 ; Maurice y. Henry, 7 Taunt. 306; Whitham y. Stains, 2 Bos. & Pul. 354; Rafael v. Yerelst, 2 Wm. Black, 1058 ; Trimby v. Yiguier, 1 Bing., N. C., 151; 2 Bing, N. C., 202.) II. The case of Livingston v. Jefferson, 1 Brock. 203, is not applicable to the case at bar. That was an action for trespass upon real…

1Opinion of the CourtDryden, Judge

This is an action brought by the plaintiff to recover damages for alleged injuries to his steamboat, while navigating and descending the Mississippi river, occasioned by certain piers and abutments wrongfully and injuriously erected and maintained by the defendant, and his agents and servants, in and across the said river, between Davenport in Iowa, and Rock Island in Illinois.

The petition distinctly shows that the injuries complained of were not committed within, but beyond the limits of this state. The defendant demurred to the petition, and assigned for cause, “ that the court has no…

2Cases cited1 opinion

  1. Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811

3Cited by10 opinions

  1. Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
  2. Gunther v. DranbauerCourt of Appeals of Maryland · 1897
  3. Burger v. ParkerTennessee Supreme Court · 1926
  4. Dunn v. District Court of Carter CountySupreme Court of Oklahoma · 1912
  5. Sinclair Prairie Oil Co. v. District Court of Oklahoma CountySupreme Court of Oklahoma · 1937

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