Seidel v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Sec. 1105, Revised Statutes 1899, is a penal statute, and every fact necessary to be proven to bring tbe case within terms of tbe statute must be alleged. Manz v. Railroad, 87 Mo. 278; R. S. 1899, secs. 3294-5. (2) In tbe absence of an allegation to tbe contrary tbe law presumes that tbe fences inclosing a field are lawful fences, as it is presumed that everyone performs bis engagements and duties.
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Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) Sec. 1105, Revised Statutes 1899, is a penal statute, and every fact necessary to be proven to bring tbe case within terms of tbe statute must be alleged. Manz v. Railroad, 87 Mo. 278; R. S. 1899, secs. 3294-5. (2) In tbe absence of an allegation to tbe contrary tbe law presumes that tbe fences inclosing a field are lawful fences, as it is presumed that everyone performs bis engagements and duties. McCallister v. Ross, 155 Mo. 87. (3). "Where tbe field is inclosed, tbe statement must allege either that plaintiff was tbe…
1Opinion of the CourtBroaddus, J.
This is a suit under section 1105, Revised Statutes 1899. The proceeding was instituted before a justice of the peace. As one of defendant’s contentions is that the complaint does not state a cause of action, it is inserted in this opinion as follows :
“Statement: Plaintiff states that on the twenty-ninth day of April, 1903, the defendant was, and now is, a corporation running and operating a railroad through Duncan township, in Sullivan county, Missouri, an adjoining township of aforesaid Bowman township; that on said day plaintiff was the owner of a certain steer calf, to-wit: a red calf…
2Cases cited4 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- McCallister v. RossSupreme Court of Missouri · 1900
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Fraysher v. Mississippi River & Bonne Terre Railway Co.Missouri Court of Appeals · 1896
3Cited by3 opinions
- Cies v. GaleMissouri Court of Appeals · 1913
- Smith v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
- Farmer's Bank v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904