Harrison v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Mississippi Circuit Cou/rt. — Hon. H. O. Riley, Judge. (1) There was no proof that the defendant owned or operated any railroad. Plaintiff can not recover on such proof. .Lindsay v. Bailroad, 36 Mo. App. 51; O’Donnell v. Bailroad, 7 Mo. App. 190; Gilbert v. Bail-road, 23 Mo. App. 65. This court certainly can not assume that “I. M. R. R.” means “St. Louis, Iron Mountain and Southern Railway,” nor that the defendant operated such a line.
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Appeal from the Mississippi Circuit Cou/rt. — Hon. H. O. Riley, Judge. (1) There was no proof that the defendant owned or operated any railroad. Plaintiff can not recover on such proof. .Lindsay v. Bailroad, 36 Mo. App. 51; O’Donnell v. Bailroad, 7 Mo. App. 190; Gilbert v. Bail-road, 23 Mo. App. 65. This court certainly can not assume that “I. M. R. R.” means “St. Louis, Iron Mountain and Southern Railway,” nor that the defendant operated such a line. (2) It was shown that the place where it is claimed the mule was hurt was in Ohio township; suit was brought in Tywappity township; but it did…
1Opinion of the CourtRombauer, P. J.
This is an action to recover double damages for the killing of plaintiff’s mule by the defendant’s locomotive on an unfenced part of the defendant’s road. The cause was tried by the court *465without a jury, and the plaintiff recovered judgment. The meritorious defense interposed at the trial was that the mule was not struck by the locomotive at all, but died from disease. On that' defense the court found for the plaintiff, and, as there was substantial evidence. tending to show that the mule was struck by a passing. train and died in consequence thereof, we are concluded by such finding. The…
2Cases cited3 opinions
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1893
- Fenton v. PerkinsSupreme Court of Missouri · 1832