Ringo v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from, Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The statement fails to allege facts sufficient to constitute a cause of action. Rowland v. Railroad,, 73 Mo. 619 ; Bates v. Railroad, 74 Mo. 60; Schultz v. Railroad, 76 Mo. 324; Manz v. Railroad, 87 Mo. 278. (2) The evidence fails to show that plaintiff ’ s animal got on the defendant’s track at a point where it was bound, Ay law, and had failed, to maintain a lawful fence.
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Appeal from, Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The statement fails to allege facts sufficient to constitute a cause of action. Rowland v. Railroad,, 73 Mo. 619 ; Bates v. Railroad, 74 Mo. 60; Schultz v. Railroad, 76 Mo. 324; Manz v. Railroad, 87 Mo. 278. (2) The evidence fails to show that plaintiff ’ s animal got on the defendant’s track at a point where it was bound, Ay law, and had failed, to maintain a lawful fence. Hendrick v. Railroad, 81 Mo. 521; Cecil v. Railroad, 47 Mo. 246 ; Nance ». Railroad, 79 Mó. 196 ; Manz v. Railroad, 87 Mo. 278; Morrow v. Railroad, 82 Mo.…
1Opinion of the CourtBrace, J.
This is a suit commenced in a justice’s court to recover double damages, under section 809, Revised Statutes, 1879, for a mare killed on defendant’s road by a train of cars. The plaintiff had judgment before the justice, and in the circuit court, and the defendant appeals to this court.
The case was tried before the court, without a jury. On the trial, the defendant objected to the introduction of any evidence, for the reason that no cause of action *670was stated. The only ground upon which it is here urged that the statement upon which the case was tried is insufficient, is that it is not…
2Cases cited7 opinions
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- McCoy v. FarmerSupreme Court of Missouri · 1877
- Jantzen v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
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3Cited by4 opinions
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Creason v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Shotwell v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1893