Buckman v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Tbe cost of the witnesses summoned to testify on the issues involved in the first and second counts as well as the fees for subpoenas and serving these witnesses should be taxed against the plaintiff. R. S. 1899, sec. 1550; Turner v. Johnson, 95 Mo. 452. (2) The court also erred in refusing to'disallow the fees of the two witnesses, H. R. and John Cline.
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Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Tbe cost of the witnesses summoned to testify on the issues involved in the first and second counts as well as the fees for subpoenas and serving these witnesses should be taxed against the plaintiff. R. S. 1899, sec. 1550; Turner v. Johnson, 95 Mo. 452. (2) The court also erred in refusing to'disallow the fees of the two witnesses, H. R. and John Cline. These witnesses were clearly not entitled to any mileage. State ex rel. v. Seibert, 130 Mo. 202; Wilson v. Railroad, 108 Mo1. 588. (3) All the costs that were made preparatory…
1Opinion of the CourtBland, P. J.
In the year 1898, respondent commenced an action in the Monroe Circuit Court against appellant to recover the value of one mare, alleged to have been run upon and killed by the locomotive engine and cars of appellant. The petition was in three counts. The first count alleged, in substance, that the mare Avent up'on appellant’s track and was struck and killed at a point AAdiere it was appellant’s statutory duty to erect and maintain fences along the sides of its railroad track, which it neglected to do. The second count *302alleged that the animal went upon the track and was struck and killed…
2Cases cited3 opinions
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
- Clifton v. SparksMissouri Court of Appeals · 1888
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1894
3Cited by3 opinions
- Union Pacific Railroad v. BrowerSupreme Court of Colorado · 1916
- Bush v. NormanMissouri Court of Appeals · 1920
- Briner Electric Co. v. Sachs Electric Co.Missouri Court of Appeals · 1985