Marion v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court.—Hon. Henry G. Riley, Judge. (1) This suit was brought in the circuit court, and not before a justice of the peace, under the double damage statute, which is a penal statute. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 Mo. 56. The statute defines what a lawful fence shall be.
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Appeal from New Madrid Circuit Court.—Hon. Henry G. Riley, Judge. (1) This suit was brought in the circuit court, and not before a justice of the peace, under the double damage statute, which is a penal statute. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 Mo. 56. The statute defines what a lawful fence shall be. R. S. 1899, sec. 3295. In a case of this nature it has been held that the court should instruct the jury, and not leave them to grope their way unaided through the testimony in order to determine what they should take into consideration in malting up their verdict. (2) But in the…
1Opinion of the CourtNortoni, J.
Plaintiff recovered in the circuit court and defendant appeals. The petition is in three counts, under section 1105, Revised Statutes 1899. The first two counts allege the killing of certain animals owned by the plaintiff which had strayed upon the defendant’s track because of its failure to construct and maintain sufficient fences and cattle-guards as required by the statute. The killing of the animals occurred on different days, and therefore the separate counts contained in the petition. So much of the first count as is material is as follows:
“That said sow at said date strayed and went in…
2Cases cited8 opinions
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Chubbuck v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kirkpatrick v. Illinois Southern Railway Co.Missouri Court of Appeals · 1906
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
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3Cited by1 opinion
- Kelley v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914