Kinion v. Kansas City, Springfield & Memphis Railroad
Missouri Court of Appeals
Appeal from the Howell Circuit Court, Hon. J. F. Hale, Judge. The suit was brought before a justice of the peace of Dry Creek township. The petition alleges, and the proof shows that the killing occurred in Hutton Valley township, but there is not one word of proof that Hutton Valley township adjoins Dry Creek township. Mitchell v. Railroad, 82 Mo. 106 ; Palmer v. Railroad, 21 Mo. App. 437; Bilis v. Railrood, 83 Mo. 372; Wright v. Railroad, 25 Mo.
Read the full summary
Appeal from the Howell Circuit Court, Hon. J. F. Hale, Judge. The suit was brought before a justice of the peace of Dry Creek township. The petition alleges, and the proof shows that the killing occurred in Hutton Valley township, but there is not one word of proof that Hutton Valley township adjoins Dry Creek township. Mitchell v. Railroad, 82 Mo. 106 ; Palmer v. Railroad, 21 Mo. App. 437; Bilis v. Railrood, 83 Mo. 372; Wright v. Railroad, 25 Mo. App. 236. In an action before a justice of the peace for damages-against a railroad .company for the killing of stock, the statement must show, in…
1Opinion of the CourtThompson, J.
This was an action under section 809, R evised Statutes, to recover double damages for killing the plaintiff ’s cow at a place on the defendant’s railway where its track was not fenced. The action was brought before a justice,of the peace of Dry Creek township, in Howell county. The statement averred, inferentially, that the cow was killed in Hutton Valley township, and the evidence showed that such was the fact. It was not alleged in the statement, nor was there any evidence tending to show that Hutton Valley township adjoins Dry Creek ■township. The rule in such actions is, that, where the…
2Cases cited5 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Palmer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Ellis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Wright v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
3Cited by3 opinions
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Mier v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1894
- Nickerson v. EddyMissouri Court of Appeals · 1892