West v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, ITon. Francis M. Black, Judge. Statement of case by the court. This was an action under section 809, Revised Statutes, for the recovery of double damages, on account of the killing of a mule by defendant.
Read the full summary
Appeal from Jackson Circuit Court, ITon. Francis M. Black, Judge. Statement of case by the court. This was an action under section 809, Revised Statutes, for the recovery of double damages, on account of the killing of a mule by defendant. The case was tried on the following agreed statement of facts and evidence : “ That the plaintiff in the above cause is the guardian of J. C: West, and that, as suck, be bas the right to maintain . the above action; that the mule, on account of which the above suit was brought, was the property of J. C. West; that it was killed by the defendant’s railroad,…
1Opinion of the CourtHale, J.
The question is, did the facts in evidence, and set out in the agreed statement of facts justify the finding of the court in favor of plaintiff %
The facts, in brief, are, that the mule went from the plaintiff’s field into Knoche’s field through Knoche1’s fence, which was down, and had been down for a long time, and that the mule went from Knoche’s field onto the defendant’s right of way, through a gate in defendant’ s railroad fence at Knoche’s private crossing, which gate was then open, and had been open, from September to December 13,1883, and that the mule got upon the defendant’s railroad…
2Cases cited4 opinions
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Binicker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Illinois Central Railroad v. ArnoldIllinois Supreme Court · 1868
3Cited by7 opinions
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- Woods v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1892
- Miller v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Box v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.