Jackson v. Fulton
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) In the first count plaintiff made a statement of facts “which did not constitute his cause of action.” This count is an action against the defendant for damages for allowing his sheep to run at large and trespass upon plaintiff’s premises contrary to the provisions of the statute restraining stock from running at large. It is a statutory action, and is bottomed upon alleged violation of that statute.
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Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) In the first count plaintiff made a statement of facts “which did not constitute his cause of action.” This count is an action against the defendant for damages for allowing his sheep to run at large and trespass upon plaintiff’s premises contrary to the provisions of the statute restraining stock from running at large. It is a statutory action, and is bottomed upon alleged violation of that statute. The evidence tended to-show a breach of a common-law duty, and wholly disproved the violation of the statute. The…
1Opinion of the CourtEllison, J.
The defendant’s sheep destroyed plaintiff’s corn which was standing in the shock in his field. Whereupon plaintiff brought this action before a justice of the peace for damages. The statement of his action, as originally filed with the justice, was based on the statute (section 354, Pevised Statutes 1899) prohibiting the owner from allowing his domestic animals to run at large. Afterwards, before the trial in the justice court, plaintiff filed an amended statement by adding to the one originally filed a second count, in which he stated that he and defendant owned adjoining tracts of land…
2Cases cited27 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Rabb v. RogersTexas Supreme Court · 1887
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Myers v. DoddIndiana Supreme Court · 1857
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harris v. StateWyoming Supreme Court · 1916
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Jones v. HabbermanMissouri Court of Appeals · 1902
- Matthews v. McVayMissouri Court of Appeals · 1950
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
9 more not listed; retrieve them via the Exa API.