Payne v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
.Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) An action under the double damage act cannot be maintained unless it is proved on the trial that the injury or killing was done either in the township in which the suit was brought, or an adjoining township. Mitchell v. Railroad, 82 Mo. 106; Blackenstoe v. Railroad, 86 Mo. 492; Roberts v. Railroad, 19 Mo. App. 650; Palmer v. Railway, 21 Mo. App. 437; Wright v. Railroad, 25 Mo.
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.Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) An action under the double damage act cannot be maintained unless it is proved on the trial that the injury or killing was done either in the township in which the suit was brought, or an adjoining township. Mitchell v. Railroad, 82 Mo. 106; Blackenstoe v. Railroad, 86 Mo. 492; Roberts v. Railroad, 19 Mo. App. 650; Palmer v. Railway, 21 Mo. App. 437; Wright v. Railroad, 25 Mo. App. 236; Kinion v. Railroad, 30 Mo1. App. •573; Jewett v. Railway, 38 Mo. App. 48; Nicker-son v. Eddy, 50 Mo. App. 569; Porter v. Railway, ■66 Mb.…
1Opinion of the CourtJohnson, J.
— This suit was begun before a justice of the peace in Penn township, Sullivan county, to recover double damages under section 1105, Revised Statutes 1899, for the killing of four hogs. Plaintiff *611had judgment in the circuit court and defendant appealed.
Complaint is made of the refusal of the trial court to instruct the jury to find for defendant. It is said the evidence failed to sIioav that the killing occurred in the township where suit was brought. The statement alleged that defendant owned and operated a railroad “over and across the following described lands belonging to plaintiff lying…
2Cases cited4 opinions
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1889
3Cited by1 opinion
- Montgomery v. Deering Southwestern Railway Co.Missouri Court of Appeals · 1917