Legal Opinion

Dillard v. Louis, Kansas City & Northern R. Co.

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 10 opinions

Appeal from, Audrain Circuit Court. I. Having claimed damages to the amount of $50.00 for injuries to personal property under the third sub-division ©f § 3, Chap. 82, pp-. 808-9, plaintiffs could’ not in the same suit claim $150 damages under the fifth sub-division of said section.

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Appeal from, Audrain Circuit Court. I. Having claimed damages to the amount of $50.00 for injuries to personal property under the third sub-division ©f § 3, Chap. 82, pp-. 808-9, plaintiffs could’ not in the same suit claim $150 damages under the fifth sub-division of said section. (Buckner vs. Armour, 1 Mo., 534; Grlasby vs. Puett, 26 Mo'., • 122.) I. As to the horse killed, value could not be a jurisdictional element, and, whether great or small, cannot now be considered in determining the jurisdictional question raised. II. The statement could contain but a single count because there was…

1Opinion of the Court

Vories, Judge,

delivered the opinión of the court.

This action was brought before a justice of the peace on the following statement or cause of action:

“ James Dillard and Walker Fields say, that they are partners, doing business under the firm, name and style of Dillard & Fields, and that the defendant is a corporation created by and existing under the laws of, and doing business in *71the State of Missouri, by operating a railroad running from St. Louis to Moberly in said State, and through township of Salt River and the City of Mexico in Audrain county, in said State; that on or about the 23rd…

2Cases cited1 opinion

  1. Webb v. TweedieSupreme Court of Missouri · 1860

3Cited by10 opinions

  1. Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
  2. Ball v. BiggamSupreme Court of Kansas · 1890
  3. Plunket v. EvansSouth Dakota Supreme Court · 1892
  4. State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
  5. Hofheimer v. LosenMissouri Court of Appeals · 1887

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