Legal Opinion

Cummings v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Missouri

Decided October 15, 1879PublishedCited by 7 opinions

Appeal from St Francois Circuit Court. — Hon. J. B. Robinson, Judge. This was an action upon the statute to recover double damages for the killing of a heifer. The statement filed with the justice, omitting the style of the case, was as follows: “ Before, Daniel Woolford, justice of the peace for Iron township, St. Francois county, Missouri.

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Appeal from St Francois Circuit Court. — Hon. J. B. Robinson, Judge. This was an action upon the statute to recover double damages for the killing of a heifer. The statement filed with the justice, omitting the style of the case, was as follows: “ Before, Daniel Woolford, justice of the peace for Iron township, St. Francois county, Missouri. Plaintiff states: that the defendant is and was, on the 8th day of May, 1875, and was a long time before, a corporation duly organized under the law of this State, and as such corporation owned and operated all of that part of the Belmont branch of the…

1Opinion of the Court

Sheerwood, C. J. —

1st. Upon carefully reading the statement of the plaintiff’s cause of action filed with the *572justice, we have no doubt that it shows clearly, though not so declaring in so many words, that the heifer was killed in the township in which the justice resided and had jurisdiction. This we think quite apparent from the caption of tire statement showing of what township the justice was, and then the body of the statement showing that the defendant “ owned and operated all that part of the Belmont branch, &c., that passes through Iron township ; ” then follow averments that the…

2Cases cited1 opinion

  1. Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878

3Cited by7 opinions

  1. Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  2. Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
  3. Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
  4. Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
  5. Razor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881

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