Board v. St. Louis, Iron Mountain & Southern Railway
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Q-. Wear, Judge. The petition fails to state facts sufficient to constitute a cause of action, because it fails to state that the plaintiff is the owner of land adjoining the railroad from which the ox strayed upon the railroad by reason of the failure to erect and maintain suitable fences, as required by section 809 of the Revised Statutes.
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Appeal from the Butler Circuit Court. — Hon. John Q-. Wear, Judge. The petition fails to state facts sufficient to constitute a cause of action, because it fails to state that the plaintiff is the owner of land adjoining the railroad from which the ox strayed upon the railroad by reason of the failure to erect and maintain suitable fences, as required by section 809 of the Revised Statutes. This objection is never waived and may be made in the appellate court for the first time. R. S. 1879, sec. 3519 ; Ferris v. Railroad, 30 Mo. App. 122. The court erred in refusing to sustain plaintiff’s…
1Opinion of the CourtThompson, J.
This was an action commenced before a justice of the peace under section 809, Revised Statutes, to recover double damages for killing an ox belonging to the plaintiff. The statement is drawn in the usual form. On trial anew in the circuit court the plaintiff had a verdict in the sum of sixty dollars ; whereupon *153the court, doubling the verdict in pursuance of the statute, rendered judgment in favor of the plaintiff for the sum of one hundred and twenty dollars. The ■defendant appealing, assigns the following errors :(1) That the petition fails to state facts sufficient to constitute a cause of…
2Cases cited7 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Tiarks v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1874
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- Razor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
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3Cited by3 opinions
- Phillips v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1904
- Dean v. Omaha & St. Louis Railway Co.Missouri Court of Appeals · 1893
- Wages v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905