Robertson v. Atlantic & Pacific R. R.
Supreme Court of Missouri
Appeal from Cole County Circuit Court. Lloyd vs. Pacific Railroad, 49 Mo. 149 ; Swearingen vs. M., K. & T. R. R. ante p. 73 ; Morris vs. St. L., K. C. & N. R. R., 58 Mo. 78. Wagn. Stat. 1872, p. 310, § 43 ; Fickle vs. St. L.. K. C. & N. R. R., 54 Mo. 219;. Walther vs. P. R. R., 55 Mo. 271.
1Opinion of the CourtNorton, Judge
This suit was brought to recover damages for the alleged killing, by defendant, of plaintiff’s cow. The caus’e of action was founded upon the fifth section of the Damage Act (Wagn. Stat. 520) ; and upon a trial in the Cole county circuit court, on appeal, from the judgment of a justice of the peace, plaintiff obtained judgment, from which defendant has appealed to this court.
The evidence on the trial tended to show, that plaintiff’s cow was killed on defendant’s road, near Scot’s station and east of the station ; that the railroad was fenced, on both sides, from *413and beyond where the animal…
2Cases cited3 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Walther v. Pacific R. R.Supreme Court of Missouri · 1874
3Cited by4 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905