Gulf, M. O. R. v. Smith-Brennan

[1] This suit was originally begun in the Magistrate Court of the City of St. Louis by respondent, as plaintiff, to recover from appellant, as defendant, the sum of $562.19 for damage to defendant's viaduct bridge near the city of Alton, Illinois. There was a judgment for plaintiff in the Magistrate Court for the amount sued for. On appeal to the Circuit Court of the City of St. Louis, the case was tried before the court without a jury, resulting in a judgment in favor of plaintiff for the same amount, namely, $562.19. Defendant duly appealed.

[2] The evidence shows that on December 26, 1946,…