Wood v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hob. J. P. Hale, Judge. It was not shown by competent proof that Willow Springs township and Hutton Yalley township are adjoining townships. The townships were created by order of the county court entered of record. R. S. 1879, secs. 7426, 7427. Oral testimony was therefore incompetent, and there was no evidence of the fact in question, except the oral testimony of the clerk of the county court.
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Appeal from the Howell Circuit Court. — Hob. J. P. Hale, Judge. It was not shown by competent proof that Willow Springs township and Hutton Yalley township are adjoining townships. The townships were created by order of the county court entered of record. R. S. 1879, secs. 7426, 7427. Oral testimony was therefore incompetent, and there was no evidence of the fact in question, except the oral testimony of the clerk of the county court. Nor was there any evidence that W. W. Tucker was a justice of either township. These being jurisdictional facts, they must affirmatively appear. The evidence…
1Opinion of the CourtRombauer, P. J.
This is a penal action to recover double damages for the killing of plaintiff ’ s horse by defendant’s locomotive under the provisions of section 809 of the Revised Statutes of 1879. . The plaintiff’s statement, on which the cause was tried, is as follows:
“ Plaintiff- states that .the defendant is a railroad corporation, duly incorporated under, and by virtue of, the laws of the state of Missouri; that the defendant was, on the twenty-eighth day of June last, and is now, running and operating a railroad through Willow-Springs township, in the said county of Howell; that Hutton Valley township…
2Cases cited3 opinions
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Ward v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886