Grau v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Error to Warren Circuit Court. I. The subject matter constituting the cause of action being for injuries to personal property, the justice of the peace had only jurisdiction to the amount of fifty dollars; consequently the case must be dismissed. (W. S., 807, 808, §§ 2, 3; Han. & St. Joe. R. R. Co. vs. Mahoney, 42 Mo., 467 ; "Webb vsTweedie, 30 Mo., 488; Langham vs. Boggs, 1 Mo., 476; Lindell’s Adtn’r vs. Han. & St. Joe.
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Error to Warren Circuit Court. I. The subject matter constituting the cause of action being for injuries to personal property, the justice of the peace had only jurisdiction to the amount of fifty dollars; consequently the case must be dismissed. (W. S., 807, 808, §§ 2, 3; Han. & St. Joe. R. R. Co. vs. Mahoney, 42 Mo., 467 ; "Webb vsTweedie, 30 Mo., 488; Langham vs. Boggs, 1 Mo., 476; Lindell’s Adtn’r vs. Han. & St. Joe. R. R. Co., 36 Mo., 543 ; Yoorhees vs. Bank, U. S., 10 Pet., 449.) II. There is no testimony showing that it was the failure to erect the fence that was the cause of the…
1Opinion of the CourtVories, Judge
This action was brought before a Justice of the Peace to recover for damages charged to have been done to plaintiffs corn and fodder by the conduct of the employees of the defendant while running and operating cars on defendant’s railroad.
The cause of action filed with the justice, charges, that the defendant is a corporation, &c., and that as such it was on the *24222d day of Oct., 1872, operating its railroad running through. Hickory Grove Township in Warren County; that it was the duty of the defendant, by virtue of the statutes of this State, to erect and maintain fences on the side of said…
2Cases cited2 opinions
- Norton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1871
- Williams v. North Missouri RailroadSupreme Court of Missouri · 1872