Mier v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from the Scott Circuit Court. — Hon. H. C. Riley, Judge. ‘ The cause must be reversed for the reason that the petition alleges that the animal was killed in Sylvania township, and shows that suit was instituted in More-land township, Scott county. , But it does not appear from the pleading, the record nor the evidence, that the two townships are adjoining. This has been the holding in a long line of decisions of this and the supreme court. Jones v. Bailroad, 52 Mo.
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Appeal from the Scott Circuit Court. — Hon. H. C. Riley, Judge. ‘ The cause must be reversed for the reason that the petition alleges that the animal was killed in Sylvania township, and shows that suit was instituted in More-land township, Scott county. , But it does not appear from the pleading, the record nor the evidence, that the two townships are adjoining. This has been the holding in a long line of decisions of this and the supreme court. Jones v. Bailroad, 52 Mo. App. 381; Jewett v. Bailroad, 38 Mo. App. 48; Wiseman v. Bailroad, 30 Mo. App. 516.
1Opinion of the CourtBiggs, J.
— Under the pleadings and evidence the judgment in this case can not be upheld. The action is for double damages under section 2611, Revised Statutes of 1889, for killing a horse, the property of the plaintiff. The petition alleged, and the proof showed, that the animal was killed in Sylvania township in Scott county, whereas the suit was brought in Moreland township in said county. There was no allegation in the complaint, or proof on the trial, that the two townships adjoin.
It has been repeatedly held by this court and the supreme court that the fact, that the animal was killed in the…
2Cases cited5 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
- Ellis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Kinion v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1888
- Wiseman v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1888