Kinney v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. James M. Sandusky, Judge. The case and facts are stated in the opinion of the court. I. The defendant’s instruction should have been given, because (1) the evidence does not show that the aninial was injured or killed in Shoal township, or in an adjoining township. Mitchell v. Railroad, 82 Mo. 106 ; Vaughn v. Railroad, 15 Mo.
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Appeal from Clinton Circuit Court, Hon. James M. Sandusky, Judge. The case and facts are stated in the opinion of the court. I. The defendant’s instruction should have been given, because (1) the evidence does not show that the aninial was injured or killed in Shoal township, or in an adjoining township. Mitchell v. Railroad, 82 Mo. 106 ; Vaughn v. Railroad, 15 Mo. App. 597 ; Backenstoe v. Railroad, 86 Mo. 492; King v. Railroad, 90 Mo. 520. The point at which the injury occurs gives jurisdiction. Rev. St at., sect. 2839 ; cases cited, supra, and especially, Backenstoe v. Railroad, 86 Mo. 492…
1Opinion of the Court
Philips, P. J.-
This action was begun in a justice’s court. The statement is as follows: ‘‘Plaintiff states that defendant is a corporation, duly incorporated under the laws of Missouri as a railroad corporation, and as such, at the time or times hereinafter mentioned, was operating a line of railroad through the township of' Shoal, in the county of Clinton, and state of Missouri, and that, in said township, where said railroad passes through, along, and adjoining enclosed and cultivated *615fields, said company, at the times hereinafter mentioned, failed and neglected to erect, construct, and…
2Cases cited2 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Dorman v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885