Nall v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from, Clay Circuit Court. I. It must appear affirmatively from the testimony upon the trial de novo in- the Circuit Court on appeal from a justice, that the animals were killed'or injured in' the township wherein the justice resided before whom the suit was brought. Unless this be the case, the Circuit Court has no jurisdiction. (Wagn. Stat., ed. 1872, 1, 9, p. 810, § 3, clause 5.) II. Wagn.
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Appeal from, Clay Circuit Court. I. It must appear affirmatively from the testimony upon the trial de novo in- the Circuit Court on appeal from a justice, that the animals were killed'or injured in' the township wherein the justice resided before whom the suit was brought. Unless this be the case, the Circuit Court has no jurisdiction. (Wagn. Stat., ed. 1872, 1, 9, p. 810, § 3, clause 5.) II. Wagn. Stat., 520, 521, § 5, relieves a party who sues a railroad company for stock killed or injured on a portion of its railroad not enclosed by a lawful fence, or not in the crossing of any public…
1Opinion of the CourtWagner, Judge
This was an action commenced before a justice of the peace under the 43d section of the railroad law, for the killing and injury of certain cattle belonging to the plaintiff, by the cars run and operated by the defendant.
The statement filed with the justice alleged that the killing took place in Gallatin township, Clay county, at a place where there was no public road crossing, and where the road ran through inclosed and cultivated fields, and where the same was not fenced, and upon the evidence adduced the justice rendered a judgment for the plaintiff. Defendant then appealed to the Circuit…
2Cited by3 opinions
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
- Frankenthal v. GoldsteinMissouri Court of Appeals · 1891