Welsh v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal 'from the Macon Circuit Cowt. — Hon. Andeew Ellison, Judge. (1) We contend that defendant’s demurrer should have been given because there was not a scintilla of evidence to sustain the charge made in the petition that the cow came upon the track “at a point where the same passed through enclosed or cultivated fields.” This part of plaintiff’s case rests entirely.on conjecture. Henderson v. Railroad, 36 Mo.
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Appeal 'from the Macon Circuit Cowt. — Hon. Andeew Ellison, Judge. (1) We contend that defendant’s demurrer should have been given because there was not a scintilla of evidence to sustain the charge made in the petition that the cow came upon the track “at a point where the same passed through enclosed or cultivated fields.” This part of plaintiff’s case rests entirely.on conjecture. Henderson v. Railroad, 36 Mo. App. 112; Fitterling v. Railroad, 79 Mo. 504, 509.; Hyde v. Railroad, 110 Mo. 280; Railroad v. Talbot, 78 Ky. 621; Smith v. Railroad, 37 Mo. 295; Callaghan v. Warren, 40 Mo. 137;…
1Opinion of the CourtEllison, J.
Plaintiff instituted his action against defendant before a justice of the peace wherein he complained that defendant’s engines and cars had struck and killed his cow. He recovered before the justice, as well as in the circuit court, whence the case was taken on appeal from the justice.
Plaintiff’s contention here is that the circuit court had not, and this court has not, jurisdiction of the cause, and that his judgment before the justice stands against defendant unaffected by any proceeding since. His point is based on the fact that defendant’s affidavit for an appeal from the justice failed…
2Cases cited3 opinions
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Whitehead v. Cole & RodgersMissouri Court of Appeals · 1892
- City of De Soto v. MercielMissouri Court of Appeals · 1893
3Cited by19 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Drake v. GorrellMissouri Court of Appeals · 1908
- Moulder v. AndersonMissouri Court of Appeals · 1895
- School District v. WallaceMissouri Court of Appeals · 1898
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