Backenstoe v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court, Hon. James M. Davis, Judge. Certified to Supreme Court of this state as provided. in section six of the constitutional amendment creating the Kansas City court of appeals. Judge Hall, being of •opinion that the conclusion reached by the majority of the court is in' conflict with the decision in Nall v. Railroad, 59 Mo. 112, and that said decision has not been ■directly overruled. • Statement of case by the court.
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Appeal from Carroll Circuit Court, Hon. James M. Davis, Judge. Certified to Supreme Court of this state as provided. in section six of the constitutional amendment creating the Kansas City court of appeals. Judge Hall, being of •opinion that the conclusion reached by the majority of the court is in' conflict with the decision in Nall v. Railroad, 59 Mo. 112, and that said decision has not been ■directly overruled. • Statement of case by the court. This was an action instituted before, a justice of the peace in Carroll county, Missouri, on the second day of August, 1882, to recover of…
1Opinion of the Court
I
Hale, J.
The defendant asks that the judgment of the circuit court be reversed for the reason that it was not shown by the evidence that the horse was killed in Egypt township, the township in which the-suit was brought.
The statement alleged that the horse was killed within defendant’s switch limits, in the town of Nor-borne, -in Egypt township, in Carroll county. The evidence showed that the horse was killed within the switch limits, in the town of Norborne. The evidence was sufficient to authorize the jury to infer that the horse was killed in Egypt township, and in Carroll county. I thus…
2Cases cited6 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Norton v. IttnerSupreme Court of Missouri · 1874
- Apitz v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Union Traction Co. v. City of MuncieIndiana Court of Appeals · 1921
- Fisher v. GolladayMissouri Court of Appeals · 1889
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Jamison v. BagotSupreme Court of Missouri · 1891
- Belshe v. LampMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.