McGuire v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from the Ripley Circuit Court. — Hon. John GL Wear, Judge. (1) Plaintiff’s amended petition fails to state facts"sufficient to constitute a cause of action, because it-neither alleges that the animal came on the track, nor • that it was killed at a place where the railroad passes ■- through, along or adjoining inclosed or cultivated fields •• or uninclosed lands. Ward v. Railroad, 91 Mo. 168;: Wood v. Railroad, 39 Mo.
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Appeal from the Ripley Circuit Court. — Hon. John GL Wear, Judge. (1) Plaintiff’s amended petition fails to state facts"sufficient to constitute a cause of action, because it-neither alleges that the animal came on the track, nor • that it was killed at a place where the railroad passes ■- through, along or adjoining inclosed or cultivated fields •• or uninclosed lands. Ward v. Railroad, 91 Mo. 168;: Wood v. Railroad, 39 Mo. App. 63. (2) The instruction given by the court is fatally defective, because it fails to leave it to the jury to find whether the mare came onto the track and was killed…
1Opinion of the CourtBiggs, J.
The plaintiff sues under section 2611 of the Revised Statutes, 1889, to recover from the defendant double damages for the killing of his horse, which he claimed had been injured and killed by the engine and cars on the defendant’s railroad. The plaintiff recovered judgment in the justice’s and circuit courts, and the defendant by successive appeals has brought the case to this court.
The defendant’s first complaint is, that the petition is insufficient to support the judgment, and that for this reason its instruction for judgment should have been given. , The cause was tried and submitted to…
2Cases cited8 opinions
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Fields v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1883
- Busby v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
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