Meadows v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Ray Circuit Court. — Son. E. J. Broaddusr Judge. (1) No action can be maintained under section 2611 or section 2612 for stock that is struck and killed within the corporate limits of any city or town. Edwards v. Railroad, 66 Mo. 567; Cousins v. Railroad, 66 Mo. 572; Elliott v. Railroad, 66 Mo. 683; Rhea v. Railway, 84 Mo. 345; Brandenburg v. Railroad, 44 Mo.
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Appeal from the Ray Circuit Court. — Son. E. J. Broaddusr Judge. (1) No action can be maintained under section 2611 or section 2612 for stock that is struck and killed within the corporate limits of any city or town. Edwards v. Railroad, 66 Mo. 567; Cousins v. Railroad, 66 Mo. 572; Elliott v. Railroad, 66 Mo. 683; Rhea v. Railway, 84 Mo. 345; Brandenburg v. Railroad, 44 Mo. App. 244. (2) Both the original petition filed in the justice court, and the amended petition, filed in the circuit court, and also the amended petition after it was finally amended on the trial by striking out the words…
1Opinion of the CourtGill, J.
Plaintiff sued the defendant before a justice of the peace for running one of its trains over and killing a horse belonging to him at a point where said railroad passes *87through plaintiff’s premises, and which are within the corporate limits of the town of Lawson in Ray county.
At the trial the circuit court where the case was taken by appeal, there was little dispute as to the facts. Plaintiff’s premises are just within the outer limits of the town of Lawson. His residence is on one side of the defendant’s right of way and he has a small pasture on the other side. The right of way has a fence…
2Cases cited5 opinions
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Evans v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1896
- Hubbard v. QuisenberryMissouri Court of Appeals · 1887
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Nolon v. Chicago & Alton RailroadMissouri Court of Appeals · 1886