Rohland v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Webster Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) Neither the justice of the peace, nor the circuit court, had any jurisdiction over the subject matter of the case. The record fails to show that the animal was killed in the township where the suit was brought. It was not averred in plaintiff’s petition, and the record nowhere discloses it. This if fatal tó plaintiff’s case.
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Appeal from Webster Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) Neither the justice of the peace, nor the circuit court, had any jurisdiction over the subject matter of the case. The record fails to show that the animal was killed in the township where the suit was brought. It was not averred in plaintiff’s petition, and the record nowhere discloses it. This if fatal tó plaintiff’s case. Mason v. Railroad, 80 Mo. 229; Thompson v. Railroad, 74 Mo. 560; Burnett v. Railroad, 68 Mo. 65; Haggard v. Railroad, 63 Mo. 303. (2) The court should have granted defendant’s instruction and taken the…
1Opinion of the CourtSherwood, J.
Plaintiff brought suit against defendant before a justice of the peace in Ozark township, Webster county. The petition alleged that defendant, being incorporated, on February 12, 1883, was operating a railroad through North view, in said county, and on said date, near said station, “The defendants were running a freight train on said road, and failed and neglected to whistle, as required by law, at said station, and said train struck and killed a steer of this plaintiff of the value of thirty-five dollars.” That said steer was killed by the carelessness and negligence of said defendant. There…
2Cases cited7 opinions
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- State v. MetzgerSupreme Court of Missouri · 1857
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ex parte O'BrienSupreme Court of Missouri · 1895
- State v. AndersonSupreme Court of Missouri · 1905
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.