Nicholson v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Clay Circuit Court. — Hon. G-. W. Dunn, Judge. The statement did not show that the land was of the character required to be fenced by Revised Statutes 1879, section 809 ; nor that the animal was killed in consequence of the want of a fence, therefore the defendant’s instruction should have been given, and the motions for a new trial and in arrest of judgment sustained. Hudgens v. Railroad Co., 79 Mo. 418; Cunningham v. Railroad Co., 70 Mo. 202, and cases cited.
1Opinion of the Court
Philips, C.
This action was begun before a justice of the peace in Clay county, based on the following statement:
Plaintiff' states that the Hannibal & St. Joseph Railroad Company is a corporation, made so by the laws of the State of Missouri, and is, therefore, liable to sue and be sued in the courts of said State of Missouri. Plaintiff' further says that defendant owns and operates a railroad running through Kearney township, Olay county, Mo. Plaintiff' also, says, that he was the owner of a brood sow of the value of $20, and that said brood sow strayed upon the railroad track of defendant at…
2Cases cited2 opinions
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Hudgens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by4 opinions
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913
- Smith v. PeopleSupreme Court of Colorado · 1906
- Poe v. StocktonMissouri Court of Appeals · 1890
- McGuire v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891