Central Trust Co. v. Wabash, St. L. P. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Petition for rehearing on the intervening petition. The intervenor asks in his petition for double damages for the killing of two heifers by the.Quincy,'Missouri & Pacific Bailroad, June 11, 1884, and alleges that the heifers were reasonably worth when killed $550, and $50, respectively. The double damages were claimed under section 809, Bev. St. Mo.
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In Equity. Petition for rehearing on the intervening petition. The intervenor asks in his petition for double damages for the killing of two heifers by the.Quincy,'Missouri & Pacific Bailroad, June 11, 1884, and alleges that the heifers were reasonably worth when killed $550, and $50, respectively. The double damages were claimed under section 809, Bev. St. Mo. The claim having been referred to a master, he reported that the intervenor was not entitled to double damages, and that the cattle were only worth $200, and $30, respectively. He recommended, therefore, that the following order be…
1Opinion of the Court
Brewer, J.,
{orally.) In this case the only question is whether the double damage act of the state of Missouri is to be enforced as against railroad property in the hands of a receiver. The supreme court of the United States have affirmed the validity of that act;2 and I know of no reason why it is not applicable to every road in the state, whether in or out of the hands of a receiver. It is true there may be no equity, where the court takes possession of the assets of an insolvent corporation, in saying to one man, whose cow is killed, “We will double the value of your cow as a basis of…
2Cited by5 opinions
- Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Robinson v. HarmonMichigan Supreme Court · 1908
- International & Great Northern Railway Co. v. DawsonTexas Supreme Court · 1921
- Mercantile Trust Co. v. Tennessee Cent. R.District Court, M.D. Tennessee · 1922