New Harmony Lodge No. 71 v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Ho». J. T. Neville, Judge. STATEMENT. The petition in this case is as follows, omitting caption “Plaintiff states that the defendant is and was at all times hereinafter mentioned, a corporation organized under the laws of the State of Kansas, and having capacity to sue and liable to be sued as such; that the defendant, at times hereinafter Stated, operated a line of railroad running from Kansas City, Missouri, through Springfield,…
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Appeal from Greene Circuit Court. — Ho». J. T. Neville, Judge. STATEMENT. The petition in this case is as follows, omitting caption “Plaintiff states that the defendant is and was at all times hereinafter mentioned, a corporation organized under the laws of the State of Kansas, and having capacity to sue and liable to be sued as such; that the defendant, at times hereinafter Stated, operated a line of railroad running from Kansas City, Missouri, through Springfield, Missouri, to Memphis, Tenn. “Plaintiff states that the New Harmony Lodge No-. 71, I. O. O. F., is a voluntary unincorporated…
1Opinion of the CourtGoode, J.
That sparks from one of the company’s locomotives ignited the house, is a reasonable but not an irresistible inference from the evidence, and whether the fire- was thus caused or not was an issue of .fact to be settled by a finding. Whose function was it to make the finding, the court’s or the jury’s?
*413The action is one to recover a money judgment! Our statutes provide that an issue of fact in an action for the recovery of money only must be tried by a jury unless a jury is waived or the cause referred. R. S. 1899, sec. 691.
The main issues were probably withdrawn from the’ jury because the…
2Cases cited3 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Hoffmann v. City of ColumbiaMissouri Court of Appeals · 1898
- Smith v. St. Louis Beef Canning Co.Missouri Court of Appeals · 1884
3Cited by1 opinion
- Bruner v. BeardenSupreme Court of Oklahoma · 1920