Mitchell v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas. — Hon. G-. H. Burckhartt, Judge The court below erred in permitting plaintiff to amend his complaint.
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Appeal from Moberly Court of Common Pleas. — Hon. G-. H. Burckhartt, Judge The court below erred in permitting plaintiff to amend his complaint. Hansberger v. Railroad Co., 43 Mo. 196; Haggard v. Railroad Co., 63 Mo. 302; Webb v. Tweedle, 30 Mo. 488; Dillard v. Railroad Co., 58 Mo. 69; Madkins v. Trice, 65 Mo. 656 ; Huff v. Shepard, 58 Mo. 242. Norean the amendment be j ustified on the theory that it was authorized by Revised Statutes, section 3060. This section does-not change the law as it stood when the decisions cited, supra, were made. Transier v. Railroad Co., 54 Mo. 189; Gilmore v.…
1Opinion of the Court
Philips, C.
This is an action for damages for killing stock contrary to the provisions of the old 43rd section of the general railroad corporation law of the State. The suit was brought in a justice’s court of Sugar Creek township, in Randolph county.
The statement alleged that the horses were killed in Union township, of said county. The plaintiff recovered judgment in the justice’s court, from which the defendant appealed to the Moberly court of common pleas. Upon appeal to the court of common pleas, the defendant moved to dismiss the cause for the reason that said court had no *108jurisdiction.…
2Cases cited3 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Rowland v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by30 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Johnson v. FischerMissouri Court of Appeals · 1894
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