Legal Opinion

Markey v. Louisiana & Missouri River Railroad

Supreme Court of Missouri

Decided December 22, 1904PublishedCited by 23 opinions

Appeal from Audrain Circuit Court. — Roto. E.' M. Hughes, Judge. (1) The circuit court of Audrain county had no jurisdiction of this cause for the reason that the suit was not commenced in the county where the cause of action accrued, or in a county where the defendant had or usually kept an office or agent for its usual and customary business. Secs. 562 and 997, R. S. 1899'; Byler v. Jones, 79 Mo. 261; Bank y.

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Appeal from Audrain Circuit Court. — Roto. E.' M. Hughes, Judge. (1) The circuit court of Audrain county had no jurisdiction of this cause for the reason that the suit was not commenced in the county where the cause of action accrued, or in a county where the defendant had or usually kept an office or agent for its usual and customary business. Secs. 562 and 997, R. S. 1899'; Byler v. Jones, 79 Mo. 261; Bank y. Knox, 47 Mo. 333; Yastine v.- Bast, 41 Mo. 493; Graham v. Ringo, 67 Mo. 324. The defendant by timely and reiterated action called in question the jurisdiction of the court by (1) a…

1Opinion of the Court

YALLIANT, J..

Plaintiff was injured by the explosion of a boiler of a locomotive engine which he was operating in the service of the Chicago & Alton Railway Company on a railroad in this State owned by the defendant, the Louisiana & Missouri River Railroad Company, which road was leased by defendant to the Chicago & Alton Railroad Company, and by the latter to the Chicago & Alton Railway Cómpany. The defendant is a Missouri corporation, the Chicago & Alton is an Illinois corporation. The accident occurred at a point on the railroad in Pike county, in October, 1900. There was a jury trial, a…

2Cases cited4 opinions

  1. Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
  2. Hoyberg v. HenskeSupreme Court of Missouri · 1899
  3. Smith v. Pacific RailroadSupreme Court of Missouri · 1875
  4. Illinois Central R. R. v. JerniganAppellate Court of Illinois · 1902

3Cited by23 opinions

  1. Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
  2. Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
  3. Turnbow ex rel. Turnbow v. Kansas City Railways Co.Supreme Court of Missouri · 1919
  4. Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
  5. Phares v. Century Electric Co.Supreme Court of Missouri · 1935

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