Scott v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — -Hon. L. E. Dinning, Judge. This was au action to recover damages for killing plaintiff’s mare.
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Appeal from Jefferson Circuit Court. — -Hon. L. E. Dinning, Judge. This was au action to recover damages for killing plaintiff’s mare. The petition was as follows: “Plaintiff says that defendant is now and was, etc., a railroad company, etc., and that on the lst'day of June, 1877, an engine and train of cars attached thereto, while being run on said railroad of defendant, which engine and train of cars were also owned by defendant, and were being then and there run by defendant, its servants and agents and employes, at a point on said railroad in Joachim township, in Jefferson county,…
1Opinion of the CourtSherwood, C. J.
It is not contended by counsel for defendant, that the judgment of the justice was not rightfully affirmed, so far as concerns the mere practice relating to appeals from justices’ courts.
We are to look, then, to the sufficiency of the statement filed with the justice. We are not prepared to say that it absolutely fails to state a cause of' action, either at common law, or under the 5th section of the Damage Act. It is true, there is a prayer for double damages, but the 43rd section is nowhere mentioned in the statement, and the prayer should not be permitted to overthrow a statement otherwise…
2Cited by2 opinions
- Terry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883