Wages v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court! — Hem. John P. Butler, Judge.. (1) Sec. 1105, R. S. 1899, is a penal statute, and every fact necessary to be proven on the trial to make out a case under the statute must be alleged. Manz v. Railroad, 87 Mo; 278. (2) Where the field is inclosed the statement must allege facts showing that the animal was lawfully in the inclosure. Ferris v. Railroad, 30 Mo. App. 122; Board v. Railroad, 36 Mo.
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Appeal from Sullivan Circuit Court! — Hem. John P. Butler, Judge.. (1) Sec. 1105, R. S. 1899, is a penal statute, and every fact necessary to be proven on the trial to make out a case under the statute must be alleged. Manz v. Railroad, 87 Mo; 278. (2) Where the field is inclosed the statement must allege facts showing that the animal was lawfully in the inclosure. Ferris v. Railroad, 30 Mo. App. 122; Board v. Railroad, 36 Mo. App. 151; Harrington v. Railroad, 71 Mo. 384; Rinehart v. Railroad, 80 S. W. 910. (3) The law specifically states how fields shall be inclosed and what constitutes a…
1Opinion of the CourtEllison, J.
— The plaintiff brought his action before a justice of the peace to recover double damages resulting to him on account of defendant having run one of its engines against his cow, the animal having escaped onto the track by reason of a defective fence where the road ran through inclosed fields. The verdict was for plaintiff in the sum of $35, which, on plaintiff’s motion, was doubled and judgment rendered for $70. It appears from the evidence that plaintiff, an unmarried man,- was living with his father and that plaintiff’s animal was running in his father’s pasture by the latter’s consent.
The…
2Cases cited5 opinions
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- Brown v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Combs v. GoldsworthySupreme Court of Missouri · 1891
- Board v. St. Louis, Iron Mountain & Southern RailwayMissouri Court of Appeals · 1889
- Farmer's Bank v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904