Tiarks v. St. Louis & Iron Mountain R. R.
Supreme Court of Missouri
Appeal from Madison Circuit Court. I. The case is one where the land at the place of injury was uninclosed and uncultivated timbered, not prairie land. •To such a case the statute does not reach; and there was therefore no evidence to sustain the verdict, even for single damages. The 43rd section gives no right of recovery except where the injury happens within inclosed or cultivated fields or uninclosed prairie lands.
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Appeal from Madison Circuit Court. I. The case is one where the land at the place of injury was uninclosed and uncultivated timbered, not prairie land. •To such a case the statute does not reach; and there was therefore no evidence to sustain the verdict, even for single damages. The 43rd section gives no right of recovery except where the injury happens within inclosed or cultivated fields or uninclosed prairie lands. The case proved comes within neither the letter nor the spirit of the statute. II. The verdict cannot b.e sustained under the 5th section of the Damage Act (1 Wagn. Stat., 520)…
1Opinion of the CourtWagner, Judge
This case was commenced before a justice of the peace, and was brought for damages for killing plaintiff’s cow on defendant’s railroad. In the justice’s court plaintiff had a judgment, and on an appeal to the Circuit Court there was a trial without a jury and a verdict found for plaintiff for thirty dollars damages, and the court doubled the damages and gave judgment accordingly.- The action was commenced under the 43rd section of the railroad corporation law, (1 Wagn. Stat., 310-11) and the only question is, whether under the circumstances of the case the action is maintainable under that…
2Cited by12 opinions
- Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1887
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Walton v. St. Louis, Iron Mountain & Southern Rwy. Co.Supreme Court of Missouri · 1877
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