Ellis v. Mississippi River & Bonne Terre Railway
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Frank B. Dearing, Judge. (1) The court erred in refusing instruction No. 1, offered on part of the defendant, as under the evidence in this case, plaintiff was.not entitled to recover. Pearson v. Railroad, 33 Mo. App. 546; Jennings v. Railroad, 37 Mo.
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Appeal from Jefferson Circuit Court. — Hon. Frank B. Dearing, Judge. (1) The court erred in refusing instruction No. 1, offered on part of the defendant, as under the evidence in this case, plaintiff was.not entitled to recover. Pearson v. Railroad, 33 Mo. App. 546; Jennings v. Railroad, 37 Mo. App. 652; Ehret v. Railroad, 20 Mo; App. 251; Nance v. Railroad, 79 Mo. 196; Lewis v. Railroad, 59 Mo. 495. (2) There was no evidence that the injury occurred in the township in which the action was instituted. Jewett v. Railroad, 38 Mo. App. 48; Backistoe v. Railroad, 86 Mo. 492; White-sides v.…
1Opinion of the CourtGoode, J.
The plaintiff sued before a justice of the peace to recover double damages for his cow which was killed by a locomotive. An appeal from the justice’s judgment was taken. On the trial in the circuit court the plaintiff again succeeded.
It is claimed there was no evidence that the injury occurred in the township where the action was begun or an adjoining one. The plaintiff testified the animal was killed in Joachim township, while the transcript of the justice before whom the action was begun, subscribed by that officer, designates him as a magistrate of that township. The statement laid the…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Cooley v. GoldenMissouri Court of Appeals · 1893
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Gibson v. Bailey Co.Missouri Court of Appeals · 1905
- Chicago Lumber & Coal Co. v. Georgia Southern & Florida Railway Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.