Stonebraker v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas.— Hon. David H. Eby, Judge. (1) Tlie Illinois Aet which is the basis of this suit is a penal statute, a police regulation. Railroad v. Warrington, 92 111. 157; Railroad v. Jacksonville, 67 111. 37; Railroad v. Russell, 115 111. 52. (2) It is held by the courts both of Missouri and of Illinois that penal statutes are local and not enforceable outside of the jurisdiction enacting them. ■ Kimball v. Davis, 52 Mo. App. 212; Tel.
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Appeal from Louisiana Court of Common Pleas.— Hon. David H. Eby, Judge. (1) Tlie Illinois Aet which is the basis of this suit is a penal statute, a police regulation. Railroad v. Warrington, 92 111. 157; Railroad v. Jacksonville, 67 111. 37; Railroad v. Russell, 115 111. 52. (2) It is held by the courts both of Missouri and of Illinois that penal statutes are local and not enforceable outside of the jurisdiction enacting them. ■ Kimball v. Davis, 52 Mo. App. 212; Tel. Co. v. Bank, 74 111. 217; Sherman v. Gassett, 4 Gilm. (111.) 521; Barnes v. Whittaker, 22 111. 606; 16 Ency. Pleading and…
1Opinion of the CourtGoode, J.
— This is an action for the value of a mare alleged to have been killed by an engine of the defendant company. The cause of action originated in the State of Illinois and is founded on a statute of that State giving single damages to the owners of stock killed by an engine or a train of a railway company at any point along the line where the right of way is not fenced as required by law. It is said there was no evidence to show that the mare was struck by a train, which must have been shown to bring the case within the Illinois statute. The mare was found lying on the right of way near the…
2Cases cited9 opinions
- Ohio & Mississippi Railway Co. v. RussellIllinois Supreme Court · 1885
- Illinois Central Railroad v. McKeeIllinois Supreme Court · 1867
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Gessley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
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3Cited by3 opinions
- High v. Southern Pacific Co.Oregon Supreme Court · 1907
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Pruitt v. Illinois Southern Railway Co.Missouri Court of Appeals · 1910