Silver v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from LaFayette Circuit Court. — Hon. Rickard Field, Judge. (1) The circuit court erred in overruling defendant’s motion in arrest upon the first ground therein stated. The district court of the United States had sole jurisdiction over the subject-matter of this action. The circuit court of Cooper county, and the other circuit courts to which the same was taken by change of venue had no jurisdiction.
Read the full summary
Appeal from LaFayette Circuit Court. — Hon. Rickard Field, Judge. (1) The circuit court erred in overruling defendant’s motion in arrest upon the first ground therein stated. The district court of the United States had sole jurisdiction over the subject-matter of this action. The circuit court of Cooper county, and the other circuit courts to which the same was taken by change of venue had no jurisdiction. In the case of Missouri River Packet Co. v. Railroad, 79 Mo. 478, the attention of this court does not seem to have been called to the evident intention of congress, to give exclusive…
1Opinion of the CourtBlack, J.
The plaintiff, brought this suit in the
Cooper circuit court to recover damages for the loss of his steamboat, occasioned by injuries received while passing through the' bridge over the Missouri river at, Boonville. .The plaintiff recovered a. judgment on the second trial in the LaPayette circuit court for fourteen thousand dollars.
The act of Congress of May 11, 1872 (17 U. S. Stat. at L. 99), authorized the Boonville Bridge Company to build a bridge for the use of railroads over the river at Boonville under the limitations therein provided. The act then provides, among other things, “that…
2Cases cited4 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Wayland v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Missouri River Packet Co. v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by3 opinions
- Knox v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1918
- Nicket v. St. Louis, Memphis & Southern RailroadMissouri Court of Appeals · 1909
- Graves v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1908