Jackson v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. H. O. O’Bryan, Judge. (1) The first cause of action stated in plaintiff’s petition fails to state facts sufficient to constitute- a cause of action.
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Appeal from the Mississippi Circuit Court. — Hon. H. O. O’Bryan, Judge. (1) The first cause of action stated in plaintiff’s petition fails to state facts sufficient to constitute- a cause of action. It discloses that the justice of the peace of Tywappity township had no jurisdiction of the killing of the hogs alleged to have occurred in Mississippi township, because the essential jurisdictional allegation that Mississippi township adjoins Tywappity township is wholly lacking, and cannot be inferred from anything that is alleged. Ellis v. Railroad, 83 Mo. 372 ; Manz v. Railroad, 89 Mo. 278.…
1Opinion of the CourtRombauer, P. J.
The plaintiff recovered judgment for double damages, under section 2611 of the Revised Statutes of 1889, for killing his stock by the defendant’s cars, where its road ran through uninclosed timber lands. The only exception saved on the trial below relates to the refusal of the court to declare the law, upon defendant’s request, that the plaintiff could not recover, unless he was an adjoining proprietor of lands, and the stock strayed upon the road from such lands. There was no error in this. The case of Ferris v. Railroad, 30 Mo. App. 122, which is claimed, as giving countenance to this view,…
2Cases cited3 opinions
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
3Cited by2 opinions
- Riggs v. St. Francois County Railway Co.Missouri Court of Appeals · 1906
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895