Edwards v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. The petition is fatally defective, and cannot support the judgment. Parish v. M., K. T. R. R. Co., 63 Mo. 284; Aylesworth v. Chicago, etc., R. R. Co., 30 Iowa 459; Cecil v. Pacific R. R. Co., 47 Mo. 246; Witthouse v. Pacific R. R. Co., 64 Mo. 523; LucJcie v. R. R. Co., 67 Mo. 245; Davis v. R. R. Co., 65 Mo. 441; 70 Mo. 202.
1Opinion of the CourtHouqh, J.
This was an action originally instituted before a justice of the peace under section 809 of the Revised Statutes, to recover double the value of a cow belonging to the plaintiff, which it was alleged had been fatally injured by the'engine and cars of the defendant. It appears from the record that at the point where the cow was killed the defendant’s road runs north and south through inclosed and cultivated fields, and that the fences running parallel with the road and separating said inclosures from the right of way of the defendant, were in good condition; that the north line of said…
2Cases cited1 opinion
- Cunningham v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by27 opinions
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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