Riley v. Wabash, St. Louis & Pacific Ry. Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. GI-eo. W ■ Dunn, J. The facts suflB.cien.tly appear in the opinion of the court. I. The record does not show in what township the cow was killed. This was a jurisdictional fact, and without proof of it plaintiff could not recover. State t>. Metzger, 26 Mo. 65; Iba v. JR. JR., 45 Mo. 469 ; Barnett ■». JR. R., 68 Mo. 56. II. The court erred in admitting the town ordinance to be read in evidence.
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Appeal from Clay Circuit Court, Hon. GI-eo. W ■ Dunn, J. The facts suflB.cien.tly appear in the opinion of the court. I. The record does not show in what township the cow was killed. This was a jurisdictional fact, and without proof of it plaintiff could not recover. State t>. Metzger, 26 Mo. 65; Iba v. JR. JR., 45 Mo. 469 ; Barnett ■». JR. R., 68 Mo. 56. II. The court erred in admitting the town ordinance to be read in evidence. The organization of the town, was not shown, and no authority was shown for the passage of the ordinance. InhaVfs Butler v. Robinson, 75 Mo. 192. III. The court…
1Opinion of the Court
Opinion by
Ellison, J.
This is an action commenced before a justice of the peace for killing a cow belonging to plaintiff’s intestate. The injury occurred within the limits of Missouri City. Plaintiff obtained judgment before the magistrate and in the circuit court, and defendant appeals, alleging as ground of complaint, that the evidence does not show in what township the animal was killed; that the court ■erred in permitting an ordinance of Missouri City in relation to speed of trains to be introduced over its -objection; that the rules of -defendant in regard to the speed of trains were…
2Cited by9 opinions
- Cragg v. Los Angeles Trust Co.California Supreme Court · 1908
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- Clay v. Texas-Arizona Motor Freight, Inc.New Mexico Supreme Court · 1945
- Fusili v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Judd v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
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