Jantzen v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. G. W. Dunn, Judge. '(1) The statement is fatally defective. It does not show that the animal came upon the defendant’s track at a point other than at public crossing, or within the switch limits of a station or an incorporated town.
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Appeal from Clay Circuit Court. — Hon. G. W. Dunn, Judge. '(1) The statement is fatally defective. It does not show that the animal came upon the defendant’s track at a point other than at public crossing, or within the switch limits of a station or an incorporated town. Davis v. M., K. & T. Ry., 65 Mo. 441; Rowland v. St. L., I. M. & S. Ry., 78 Mo. 619 ; Sullivan v. Hannibal & St. J. Ry., 72 Mo. 195; Asher v. H. & St. J. Ry., 79 Mo. 432; Hudgens v. H. & St. J. Ry., 79 Mo. 418. It fails to state that the animal was killed by reason of the failure of defendant to fence its track at a point…
1Opinion of the Court
Martin, C.
The plaintiff obtained a judgment before a justice of the peace against the defendant under section 809, Rev. Stat. 1879, for the killing of a cow. This judgment was rendered upon a default from which the defendant appealed. The case was tried in the circuit court without jury assistance, and the plaintiff in that court obtained judgment in the sum of $35, from which the defendant appeals.
The defendant objects to the sufficiency of the statement, claiming that it fails to show that the animal came upon the track of the road at a point other than a public crossing or incorporated…
2Cited by11 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- McGuire v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Duke v. Kansas City, Ft. Scott & Memphis RailroadMissouri Court of Appeals · 1890
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