Manz v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. J. D. Poster, Judge. The complaint alleged that on the ninth of August,. 1882, at Sylvania township, defendant ran one of its engines and cars against one milch cow, the property of plaintiff, and of the value of twenty-five dollars, and killed the same ; that “said cow having got on the track of the said railroad by the neglect of the defendant to-erect and maintain a good and sufficient fence to prevent said cow from getting on said…
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Appeal from Scott Circuit Court. — Hon. J. D. Poster, Judge. The complaint alleged that on the ninth of August,. 1882, at Sylvania township, defendant ran one of its engines and cars against one milch cow, the property of plaintiff, and of the value of twenty-five dollars, and killed the same ; that “said cow having got on the track of the said railroad by the neglect of the defendant to-erect and maintain a good and sufficient fence to prevent said cow from getting on said railroad track; that, the-said killing took place at a point where, under the statute, the same should have been fenced…
1Opinion of the CourtSherwood, J.
I. Action under section 809, commonly known as the double damage act, for killing a cow. The statement filed with the justice of the peace must be held insufficient under frequent decisions of this court in this, that it does not allege that the cow got on the track at a point where by law the company was required to erect and maintain fences. This is a fatal defect under the decisions cited and others referred to therein.
The statement is also defective in another particular. It does not allege either that the animal got on the track where the “same passes through, along or adjoining enclosed…
2Cases cited9 opinions
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Howell v. StewartSupreme Court of Missouri · 1873
- Kritzer v. WoodsonSupreme Court of Missouri · 1854
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Rowland v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Eubank v. Pope, Lockwood & Co.Missouri Court of Appeals · 1887
- State v. BohannonSupreme Court of Missouri · 1950
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1893
12 more not listed; retrieve them via the Exa API.