Wardell v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonso D. Bwrnes, Judge. Defendant’s demurrer and its objection to any evidence under the pleadings should have been sustained. Corcoran v. Railroad, 138 Mo. 417-, Boyle v. Railroad, 21 Mo. App. 416; Hurd v. Chappell, 91 Mo. App. 322; Manz v. Railroad, 87 Mo. 278; Ehret v. Railroad, 20' Mo. App. 251; Ward v. Railroad, 91 Mo. 168; Brassfield v. Patton, 32 Mo.
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Appeal from Clinton Circuit Court. — Hon. Alonso D. Bwrnes, Judge. Defendant’s demurrer and its objection to any evidence under the pleadings should have been sustained. Corcoran v. Railroad, 138 Mo. 417-, Boyle v. Railroad, 21 Mo. App. 416; Hurd v. Chappell, 91 Mo. App. 322; Manz v. Railroad, 87 Mo. 278; Ehret v. Railroad, 20' Mo. App. 251; Ward v. Railroad, 91 Mo. 168; Brassfield v. Patton, 32 Mo. App. 572; Nance v. Railroad, 79 Mo. 196; Rhea v. Railroad, 84 Mo. 345, This action is for double damages under old section 1105, now 3145; of Revised States 1909, which is a penal statute and must…
1Opinion of the CourtJohnson, J.
This is an action under section 3145, Bevised Statutes 1909, to recover double damages for the killing of seventeen head of hogs at a point on defendant’s railroad where the statute required the maintenance of lawful fences. Defendant demurred to the petition on the ground that it fails to state a cause of action but the demurrer was overruled and defendant filed an answer in the nature of a general traverse. The trial resulted in a verdict for plaintiff for one hundred and sixty dollars and on motion of plaintiff the court rendered judgment for double that amount. Defendant appealed.
Defendant…
2Cited by1 opinion
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