Shotwell v. St. Joseph & St. Louis Railway Co.
Missouri Court of Appeals
..Appeal from the Ray Circuit Court. — Hon. James M. Sandusky, Judge. Statement of the case. This is an action under section $09, Revised Stat- ■ utes, 1879, to recover damages for injuries to a crop of t corn done by stock escaping from defendant’s unfenced right of way.
Read the full summary
..Appeal from the Ray Circuit Court. — Hon. James M. Sandusky, Judge. Statement of the case. This is an action under section $09, Revised Stat- ■ utes, 1879, to recover damages for injuries to a crop of t corn done by stock escaping from defendant’s unfenced right of way. The suit was commenced before a justice - of the peace where plaintiffs had judgment — was appealed to the circuit court, where, on trial anew, plaintiffs again -recovered, .and defendant has appealed to this court. The material averments of the petition are as follows: “Plaintiffs further state that the railroad of…
1Opinion of the CourtGill, J.
I. There can be no doubt as to the •sufficiency of the plaintiffs’ complaint. Williams v. Railroad, 80 Mo. 597; Tickle v. Railroad, 90 Mo. 296; Ringo v. Railroad, 91 Mo. 667. These decisions furnish a complete answer to points 4 and 5 of defendant’s brief.
*660II. The other points urged in brief of counsel, for a reversal of this case may be answered by review of the court’s action in refusing to give defendant’s instruction number 1, which reads as follows
“1. The court instructs the jury that the defendant had the legal right to build and erect side tracks and switches, and to change and remove…
2Cases cited6 opinions
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Silver v. Kansas City, St. Louis & Chicago Railway Co.Missouri Court of Appeals · 1886
- Williams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ringo v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stevenson v. Atlantic & Northern Railway Co.Supreme Court of Iowa · 1919