Ward v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court— Hon. J. D. Poster, Judge. (1) There is error apparent upon the face of the record in that the statement does not allege that the plaintiff’s animals got upon the defendant’s railroad track at a point where it was, by law, required to erect and maintain a fence, nor does it allege that plaintiff’s said animals got on defendant’s railroad track where the same passes through, along, or adjoining inclosed or cultivated fields, or that the killing…
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Appeal from Scott Circuit Court— Hon. J. D. Poster, Judge. (1) There is error apparent upon the face of the record in that the statement does not allege that the plaintiff’s animals got upon the defendant’s railroad track at a point where it was, by law, required to erect and maintain a fence, nor does it allege that plaintiff’s said animals got on defendant’s railroad track where the same passes through, along, or adjoining inclosed or cultivated fields, or that the killing took place at any such point. Mam v. Railroad, 87 Mo. 278 ; Morroio v. Railroad, 82 Mo. 169 ; Asher v. Railroad, 79 Mo.…
1Opinion of the CourtRay, J.
This was a suit for damages, under section 809, Revised Statutes, 1879, for the killing of two steers, and a sow, the property of plaintiff, by the locomotives and cars of the defendant. Suit was commenced, before a justice of the peace in Scott county, where plaintiff had judgment by default for double the value of the stock killed. Afterwards, in due time, defendant filed its motion to set aside said judgment, which the justice overruled, and the defendant appealed to the circuit court. At the return term of the circuit court, when the case was reached, the defendant was called, and not…
2Cases cited8 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Schulte v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1882
- Asher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
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3Cited by2 opinions
- Plymell v. MeadowsMissouri Court of Appeals · 1913
- Wood v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890