Jewett v. Kansas City, Clinton & Springfield Railway Co.
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Plaintiff failed to prove that his animals were killed either in the township in which the suit was brought, or in an adjoining one, and therefore defendant’s demurrer to the evidence should have been sustained." R. S. 1879, sec. 2839; Mitchell v. Railroad, 82 Mo. 106; Backenstoe n. Railroad, 23 Mo. App. 148; Backenstoe v. Railroad, 86 Mo. 492; King v. Railroad, 90 Mo. 520; Wiseman v. Railroad, 30 Mo.
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Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Plaintiff failed to prove that his animals were killed either in the township in which the suit was brought, or in an adjoining one, and therefore defendant’s demurrer to the evidence should have been sustained." R. S. 1879, sec. 2839; Mitchell v. Railroad, 82 Mo. 106; Backenstoe n. Railroad, 23 Mo. App. 148; Backenstoe v. Railroad, 86 Mo. 492; King v. Railroad, 90 Mo. 520; Wiseman v. Railroad, 30 Mo. App. 516; Kinion v. Railroad, 30 Mo. App. 574; Wright n. Railroad, 25 Mo. App. 236; Christian v. Wight, 19 Mo. App. 169;…
1Opinion of the CourtGill, J.
This is an action for damages, wherein plaintiff charges the defendant’s agents and employes with negligently running a train of cars over a mare and mule colt belonging to the plaintiff. The plaintiff recovered below and defendant appeals.
*50The injuries are alleged to have been committed in Camp Branch township, where plaintiff resided on a farm, and the action was brought before a justice of the peace in Grand River township, which it is alleged adjoins said Camp Branch township.
It seems that plaintiff ’ s farm is situated on both sides of the railroad, that his house, lots, etc., are on the…
2Cases cited9 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Allen v. ClaybrookSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Severn v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1893
10 more not listed; retrieve them via the Exa API.