Wiseman v. St. Louis, Arkansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court, Hon. H. C. O’Bryan, Judge. When suit is-brought for double damages against a railroad for killing stock, it must be in the same or an adjoining township. Rev. Stat., sec. 2839. This is a jurisdictional fact which must affirmatively appear by the record. Palmer v. Railroad, 21 Mo. App. 437; Wright v. Railroad, 25 Mo.
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Appeal from the Mississippi Circuit Court, Hon. H. C. O’Bryan, Judge. When suit is-brought for double damages against a railroad for killing stock, it must be in the same or an adjoining township. Rev. Stat., sec. 2839. This is a jurisdictional fact which must affirmatively appear by the record. Palmer v. Railroad, 21 Mo. App. 437; Wright v. Railroad, 25 Mo. App. 236 ; Mitchell v. Railroad, 82 Mo. 106 ; Rackenstoe v. Railroad, 86 Mo. 492. Defendant offered to prove by Dan Maxfield, one of plaintiff’s, witnesses, that on the trial of the same cause, before the justice of the peace, the…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace under section 809, Revised Statutes, to recover double damages for killing the plaintiff ’ s cow on the defendant’s railway in an open woodland where its track was not fenced. The plaintiff had a verdict and judgment, from which the defendant appeals.
I. The judgment must be reversed, because it was neither averred nor proved that Tywappity township, in which the action was brought, adjoined Ohio township, in which the cow was alleged and proved to have been killed. Such a fact is a jurisdictional fact, which must be not only averred in…
2Cases cited7 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Sparr & Green v. WellmanSupreme Court of Missouri · 1847
- Schlicker v. GordonMissouri Court of Appeals · 1885
- Palmer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
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3Cited by3 opinions
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Mier v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1894
- Nickerson v. EddyMissouri Court of Appeals · 1892