Fickle v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from, Adair Circuit Court. I. The- counts in the petition first, filed were below tbe concurrent jurisdiction of Circuit and Justices’ Courts, and the Circuit Court should have dismissed the same. (Clark’s Adm., vs. Han. & St. Joe R. R. Co., 36 Mo., 202.) II. The double damage liability imposed by § 43 (W. S., 310) is a penalty recoverable only in the name of the State of Missouri, under § 42 of the same Act.
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Appeal from, Adair Circuit Court. I. The- counts in the petition first, filed were below tbe concurrent jurisdiction of Circuit and Justices’ Courts, and the Circuit Court should have dismissed the same. (Clark’s Adm., vs. Han. & St. Joe R. R. Co., 36 Mo., 202.) II. The double damage liability imposed by § 43 (W. S., 310) is a penalty recoverable only in the name of the State of Missouri, under § 42 of the same Act. By taking sections 42 and 43, and construing them together, it will be seen, if such double liability is a penalty, that it was unnecessary to provide a means for tbe recovery…
1Opinion of the CourtTories, Judge
This action was brought in the Adair Circuit Court, to recover double damages from the .defendant for the killing of stock by the cars conducted by the agezits of defendant, at a point on its railroad where the said road was not fenced, and izz the inclosed field of the plaintiff where there was no public crossing, &c.
The amended petition of the plaintiff consisted of four counts, which were all similar in their allegations, except as to the desci’iption of the stock killed, and as to the amount of damages claimed.
The allegations of the first count of the petition are substazztially as…
2Cases cited3 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Aubuchon v. St. Louis & Iron Mountain Railroad Co.Supreme Court of Missouri · 1873
3Cited by16 opinions
- State v. NolandSupreme Court of Missouri · 1892
- Weese v. BrownSupreme Court of Missouri · 1890
- Vineyard v. LynchSupreme Court of Missouri · 1885
- Walther v. Pacific R. R.Supreme Court of Missouri · 1874
- Hunt v. HopkinsSupreme Court of Missouri · 1877
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