Basye v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) The plaintiff was not entitled to any attorney’s fee in this ease, and the court erred in allowing one. The statute manifestly does not give a plaintiff double damages for killing or injuring stock and allow an attorney’s fee in addition, as was done in this case. Such was not the legislative intent. R. S. 1889, secs. 2611, 2613; Laws, 1885, page 89; Dartv.
Read the full summary
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) The plaintiff was not entitled to any attorney’s fee in this ease, and the court erred in allowing one. The statute manifestly does not give a plaintiff double damages for killing or injuring stock and allow an attorney’s fee in addition, as was done in this case. Such was not the legislative intent. R. S. 1889, secs. 2611, 2613; Laws, 1885, page 89; Dartv. Bagley, 110 Mo. 42, 51; State v. JDiveling, 66 Mo. 375. This statute is penal, and should be strictly construed. Briggs v. Railroad, 111 Mo. 168; Perkins v. Railroad,…
1Opinion of the CourtBond, J.
The plaintiff sued the ■ defendant railroad company in a justice’s court on a statement embracing four counts. The first, second, and fourth counts are for double damages for killing and injuring stock under the double damage act, section 2611 of the Revised Statutes. The third count is for damages for obstructing a running stream of water and the consequent overflow of plaintiff’s land and destruction of her growing potato crop. The case came to the circuit court on defendant’s appeal, and, on trial anew in that court before a jury, the plaintiff got a verdict for $10 on the first count and…
2Cases cited8 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Fugate v. PierceSupreme Court of Missouri · 1872
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Moore v. MooreSupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- West v. Wabash RailroadMissouri Court of Appeals · 1906