Palmer v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. .’Strother, Judge. The case is stated in the opinion. I. Defendant’s objection to the introduction of any evidence, and its motion in arrest of judgment should! both have been sustained. The complaint does not allege that there was no fence, or that it was out of repair, at the place where the hog got on the right of way. No-place is referred to as having an insufficient fence, except where the hogs were killed.
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Appeal from Pettis Circuit Court, Hon. John P. .’Strother, Judge. The case is stated in the opinion. I. Defendant’s objection to the introduction of any evidence, and its motion in arrest of judgment should! both have been sustained. The complaint does not allege that there was no fence, or that it was out of repair, at the place where the hog got on the right of way. No-place is referred to as having an insufficient fence, except where the hogs were killed. Elliot v. Railroad, 22 Mo. App.--; Manz r>. Railroad, 86 Mo.-. Noi is it alleged that the hogs were not killed within the corporate…
1Opinion of the CourtEllison, J.
— This action was begun before a justice-of the peace of Sedalia township, for killing plaintiff ’ s-hogs in Smithton township, alleged to be adjoining Sedalia. It is for double damages, under section 809, Revised Statutes. The plaintiff failed to prove the killing-was done in Smithton township, or that that township, adjoined Sedalia, as is alleged in his complaint. Backenstoe v. Ry. Co., decided by this court July 6, 1855.
The judgment is reversed and the cause is remanded..
All concur.
2Cited by7 opinions
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1893
- Wright v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Kinion v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Wiseman v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1888
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