McGuire v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper .Circuit Court, Hon. M. G. McGregor, Judge. Tbe case is stated in tbe opinion. I. The finding npon the issue presented by the defendant and submitted by the court to the jury, should-have been direct and positive. Morrow n. Commissioners, 21 Kas. 484. II. The court erred in refusing to require the jury: to find specifically upon the issue submitted. Railroad n. Perry,-34 Kas. 483 ; Bolder r: Ranch Co., 31 Kas. 502; Morrow v. Commissioners, supra. III.
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Appeal from Jasper .Circuit Court, Hon. M. G. McGregor, Judge. Tbe case is stated in tbe opinion. I. The finding npon the issue presented by the defendant and submitted by the court to the jury, should-have been direct and positive. Morrow n. Commissioners, 21 Kas. 484. II. The court erred in refusing to require the jury: to find specifically upon the issue submitted. Railroad n. Perry,-34 Kas. 483 ; Bolder r: Ranch Co., 31 Kas. 502; Morrow v. Commissioners, supra. III. Proof that there was'no fence at point where the sheep entered upon track and were killed is not sufficient to support the…
1Opinion of the CourtEllison, J.
This action was begun before a justice of the peace to recover double damages under section 809, Revised Statutes, for killing thirty head of plaintiff’s sheep and injuring others. Judgment was rendered by default before the magistrate, when defendant appealed to the circuit court of Jasper county, where, on trial, judgment was again rendered for plaintiff, defendant appealing to this court.
Among other instructions asked by defendant was the following, to-wit:
*327“The court instructs the jury to return as a special verdict an .answer to this question: At what point did these sheep get on the…
2Cases cited2 opinions
- Jantzen v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Evans & Howard Fire Brick Co. v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1886
3Cited by8 opinions
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Mayo v. ClaflinSupreme Court of Vermont · 1919
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