Davis v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Error to Henry Circuit Court.—IIon. Poster P. Wright, Judge. None of the facts necessary to bring the. cause of action within the 43d section are pleaded. It is' simply stated that the cattle “ strayed upon the track where the road was unfeneed,” not where the road passed-through, along or adjoining inclosed or cultivated fields or uninclosed prairie lands; not where the company was required to fence, but simply where it was unfeneed.
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Error to Henry Circuit Court.—IIon. Poster P. Wright, Judge. None of the facts necessary to bring the. cause of action within the 43d section are pleaded. It is' simply stated that the cattle “ strayed upon the track where the road was unfeneed,” not where the road passed-through, along or adjoining inclosed or cultivated fields or uninclosed prairie lands; not where the company was required to fence, but simply where it was unfeneed. It may have been, so far as the petition shows, within a town or on a public highway. This certainly cannot be held good. Dyer v. Pacific R. R. Go., 34 Mo. 128;…
1Opinion of the CourtSherwood, C. J.
Action under 43d section (1 Wag. *442Stat. 310) for killing cattle. It is charged, in the statement filed with the justice, that the “ cattle, without the fault or neglect of the plaintiff, strayed in and upon the tr ck of defendant’s railroad, in Davis township, Henry county, where the same 'was unfenced, and by reason of defendant’s carelessness in the management of its cars upon said railroad through its agents and servants, said cattle were killed) and for which he asks judgment for double the amount of said cattle, to-wit: the sum of seventy dollars.” The plaintiff had judgment both before…
2Cases cited3 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Cary v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1875
- Musick v. A. & P. R. R.Supreme Court of Missouri · 1874
3Cited by5 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1901
- Bates v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Ward v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Mansur v. LinneyMissouri Court of Appeals · 1912