Boyle v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Stbotiiee, Judge. Statement of case by the court. This is an action to recover single damages for killing plaintiff’s cow. Suit was begun in a justice’s court, and tried on appeal in the circuit court. The statement contained two counts. As the court directed a finding for the defendant on the first count, and the plaintiff recovered on the second, it is only necessary to consider the latter.
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Appeal from Lafayette Circuit Court, Hon. John P. Stbotiiee, Judge. Statement of case by the court. This is an action to recover single damages for killing plaintiff’s cow. Suit was begun in a justice’s court, and tried on appeal in the circuit court. The statement contained two counts. As the court directed a finding for the defendant on the first count, and the plaintiff recovered on the second, it is only necessary to consider the latter. Omitting the formal averments, the statement alleges, in substance, that on or about February 4, 1885, in Lexington township, Lafayette county,…
1Opinion of the CourtPhilips, P. J.
— I. The statement in this case, on which the judgment was rendered, fails to state facts sufficient to constitute a cause of action. It is not averred that the place where the cow went upon the railroad track was where defendant may have inclosed the road with a lawful fence. It is only averred that the road “was not inclosed with a lawful fence.” This is not sufficient. Russell v. Ry. Co., 83 Mo. 507. The demurrer to the pleadings and evidence, interposed by defendant, should, therefore, have been sustained.
II. As such defect in the statement is amendable, and would likely be corrected on…
2Cases cited12 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Jenkins v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.