Wilson v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Hon. R. P. Owen, ‘ . Judge. (1) On the pleading, the judgment, in this case -should have been for defendant. Cooksey v. Railroad ■Co':, 74 Mo. 477; Freeman on Judgments, sec. 215.; Blake n. Downey, 51 Mo. 437. (2) The. burden, of proof, to Sustain--the allegation of thfe replication’ was on the plaintiff, and as there was no evidence at the trial to sustain the replication, the judgment should have been for the defendant.
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Appeal from Wayne Circuit Court. — Hon. R. P. Owen, ‘ . Judge. (1) On the pleading, the judgment, in this case -should have been for defendant. Cooksey v. Railroad ■Co':, 74 Mo. 477; Freeman on Judgments, sec. 215.; Blake n. Downey, 51 Mo. 437. (2) The. burden, of proof, to Sustain--the allegation of thfe replication’ was on the plaintiff, and as there was no evidence at the trial to sustain the replication, the judgment should have been for the defendant. Banlc v. Bitrnam, 61-Mo. 76; Spurlocle v. Railroad Go., 76 Mo. 67; Gliil-dress v. Gutter, 16 Mo. 24; Brown v. Brown, 45 Mo. 412; Hamilton…
1Opinion of the CourtNorton, J.
This suit was instituted in the Wayne county circuit court on the thirteenth of August, 1881, to recover double damages under section 809, Revised. Statutes, for the alleged killing of two hogs and injury to plaintiff’s crops, by reason of defendant’s failure to erect and maintain good and lawful fences 'along the sides of its road, where it passed through the cultivated field of plaintiff. The answer of defendant set up as a bar to plaintiff’s action, that on or about the nineteenth of April, 1881, the plaintiff instituted a suit against defendant, before a justice of the peace in Benton…
2Cases cited2 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by7 opinions
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- Sumner v. RogersSupreme Court of Missouri · 1886
- Henry County v. Citizens BankSupreme Court of Missouri · 1907
- Brown v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Burger v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1892
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