Legal Opinion

Parish v. Missouri, Kansas & Texas Railroad

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 15 opinions

Jlppeal from Randolph County Circuit Court. , • The statute being penal in its nature should be strictly construed. When the 5th clause was enacted there existed no liability for double damages, as the act imposing double damages was not passed until long after this clause, conferring this jurisdiction, was enacted, and clause 5 contemplated no such liability.

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Jlppeal from Randolph County Circuit Court. , • The statute being penal in its nature should be strictly construed. When the 5th clause was enacted there existed no liability for double damages, as the act imposing double damages was not passed until long after this clause, conferring this jurisdiction, was enacted, and clause 5 contemplated no such liability. We claim that the double damages here sued for are not included in this clause conferring jurisdiction in these cases upon justices of the peace ; that, whether the double damages be regarded as punitive or compensatory, the justice had…

1Opinion of the CourtNorton, Judge

This suit was instituted before a justice of the peace for the recovery of damages for two horses killed by the defendant in operating its road. The complaint alleges that the horses were killed by defendant’s locomotive at aplace where said road passed through plaintiff’s cultivated field, and at a point where defend*286ant had failed to erect and maintain good and substantial fences along the sides of its track.

The plaintiff recovered judgment before the justice under the statute for double damages, from which defendant appealed to the circuit court of Randolph county.

On a trial de novo in the…

2Cases cited1 opinion

  1. Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873

3Cited by15 opinions

  1. Lynch v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
  2. Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
  3. Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  4. Donovan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
  5. State ex rel. School Fund v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884

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