Gilbert v. Missouri Pacific Railway Co.
Missouri Court of Appeals
AppEal from Cass Circuit Court, I-Ion. Noah M. Givan, Judge. The- case is stated in the opinion of the court. I. To make defendant liable for double damages, the injury must have been inflicted by defendant while running or operating its railroad with engines or cars, and that the injury was by actual contact. Sect. 809; Rev. Stat. ; Lafferty v. Railroad, 44 Mo. 291; Hughes v. Railroad, 66 Mo. 325; Seiber v. Railroad, 72 Mo. 565. II.
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AppEal from Cass Circuit Court, I-Ion. Noah M. Givan, Judge. The- case is stated in the opinion of the court. I. To make defendant liable for double damages, the injury must have been inflicted by defendant while running or operating its railroad with engines or cars, and that the injury was by actual contact. Sect. 809; Rev. Stat. ; Lafferty v. Railroad, 44 Mo. 291; Hughes v. Railroad, 66 Mo. 325; Seiber v. Railroad, 72 Mo. 565. II. The statute is penal in its nature, in so far, at least, as the amount of the judgment exceeds the actual value of the animal; it should be strictly construed,…
1Opinion of the CourtPhilips, P. J.
This is an action, instituted in a justice’s court, to recover double damages for the alleged killing of plaintiffs cow by defendant’s locomotive oi train of cars. The action is based on section 809, Revised Statutes.
The plaintiff recovered judgment in double the value ‘of the cow. Defendant has appealed.
At the conclusion of plaintiff’s evidence, the defendant asked for an instruction to the jury in the nature oi a demurrer to the evidence. The demurrer was based upon the ground of the failure of proof to show that, the defendant did the injury complained of.
The proof showed merely that the…
2Cited by6 opinions
- Burbridge v. Kansas City Cable RailroadCourt of Appeals of Kansas · 1889
- Keltenbaugh v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1889
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1889
- Vaughan v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1889
- Logan v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
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