Norton v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Caldioell County Circuit Court. The original paper filed with the justice fails to be “a statement of facts constituting the cause of action,”- as expressly required where the suit is not founded on an account or 'instiument-of writing. : Neither the statement nor the amended statement sets forth' the facts necessary to entitle plaintiff;'to double-damages-under the-statute; There is no allegation that the cow. in suit got on tbe track of the railroad in…
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Appeal from, Caldioell County Circuit Court. The original paper filed with the justice fails to be “a statement of facts constituting the cause of action,”- as expressly required where the suit is not founded on an account or 'instiument-of writing. : Neither the statement nor the amended statement sets forth' the facts necessary to entitle plaintiff;'to double-damages-under the-statute; There is no allegation that the cow. in suit got on tbe track of the railroad in consequence of the failure of defendant to construct or maintain fences or cattle-guards. In cases of this sort, all the…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit before a justice of the peace, and filed the following as his “statement of facts constituting the cause of action,” as required by the statute. “Plaintiff states that defendant, by its agents, engine and cars, on the 6th day of April, 1869, on its road, about one mile east of Kidder, in Hamilton township aforesaid, at a point on said road where the same was not fenced by defendant, did strike, bruise, wound and kill a white cow, the property of plaintiff, aged about five years, and worth seventy-five dollars. Plaintiff therefore states that by virtue of the…
2Cases cited6 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Brashears v. StrockSupreme Court of Missouri · 1870
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Burt v. WarneSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Razor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Grau v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Mansur v. LinneyMissouri Court of Appeals · 1912