Kingsbury v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Transferred from Nansas City Court of Appeals. (1) The court improperly permitted a recovery for damages sustained at different times from the incursion of cattle at one time, and of hogs at other times. (2) Plaintiff was not entitled to recover the value of the corn eaten by his own hogs which he turned into the field. (3) Defendant discharged its duty by fencing the sides of its track.
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Transferred from Nansas City Court of Appeals. (1) The court improperly permitted a recovery for damages sustained at different times from the incursion of cattle at one time, and of hogs at other times. (2) Plaintiff was not entitled to recover the value of the corn eaten by his own hogs which he turned into the field. (3) Defendant discharged its duty by fencing the sides of its track. It was not required to maintain fences across the branch, and no liability resulted from its omission to do so. Sec. 2611, R. S. 1889; Marshall v. Railroad, 51 Mo. 138. (4) Part of the damage complained of…
1Opinion of the CourtBrace, P. J.
This is an action for double damages under section 261Í, Revised Statute 1889, commenced before a justice of the peace 'of Howard county, taken thence by appeal to the Howard County Circuit Court, where the plaintiff had judgment for $100, and the defendant appealed. The case was sent to the Kansas City Court of Appeals from which it-was certified to this court, on the ground that its decision involved a construction of article 2, sections 20, 21 and 30, of the Constitution of the State of Missouri, and section 1 of the 14th Amendment of the Constitution of the United States. The complaint in…
2Cases cited19 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
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3Cited by9 opinions
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Sharp v. Q., O. & K. C. Ry. Co.Missouri Court of Appeals · 1909
- Rinehart v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1907
- Smith v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
- Sappington v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.