Seaton v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. I. Section 43 is penal (Sedgw. Const. Law, 41), and the action should have gone in name of The State. (Trice vs. Han. &. St. Jo. R. R. Co., 49 Mo., 438 ; Iba vs. Han. & St. Jo. R. R. Co., 45 Mo., 469.) I. The damages given by § 43 of the Railroad Act (Wagn. Stat., 310), although in the nature of a penalty, are given to the owner of the cattle injured or killed. II. Section 42 is directory, not mandatory.
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Appeal from Clinton Circuit Court. I. Section 43 is penal (Sedgw. Const. Law, 41), and the action should have gone in name of The State. (Trice vs. Han. &. St. Jo. R. R. Co., 49 Mo., 438 ; Iba vs. Han. & St. Jo. R. R. Co., 45 Mo., 469.) I. The damages given by § 43 of the Railroad Act (Wagn. Stat., 310), although in the nature of a penalty, are given to the owner of the cattle injured or killed. II. Section 42 is directory, not mandatory. (State to use, etc. vs. Hann. & St. Jo. R. R. Co., 51 Mo., 532.)
1Opinion of the CourtAdams, Judge
This was an action commenced before a Justice of the Peace, under §43, Wagn. Stat., 3L0, for double damages for killing several hogs by defendant.
The plaintiff recovered a judgment before the justice, and the defendant took an appeal to the Circuit Court, when the plaintiff again had judgment, and the defendant appealed to this court, which reversed and remanded the case for a new trial.
The case was again tried before the Circuit Court, and again *417resulted in a judgment for the plaintiff, and the defendant has again appealed to this court.
On the trial in the Circuit Court, the plaintiff gave…
2Cases cited2 opinions
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- State ex rel. Clinton County v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
3Cited by16 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Mo. River, Fort Scott & Gulf Railroad v. ShirleySupreme Court of Kansas · 1878
- Ludowiski v. Polish Roman Catholic St. Stanislaus Kostka Benevolent SocietyMissouri Court of Appeals · 1888
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