Legal Opinion

Moreland v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided March 23, 1885PublishedCited by 1 opinion

Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The facts sufficiently appear in the opinion of the court. I. The court erred in overruling.defendant’s objection to the introduction of any evidence under the. statement upon which plaintiff went to trial.

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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The facts sufficiently appear in the opinion of the court. I. The court erred in overruling.defendant’s objection to the introduction of any evidence under the. statement upon which plaintiff went to trial. It cannot be inferred from any averment in the .statement, that the defendant was boirnd to fence its road, at the point where the animals entered upon its track. — Perriquez v. R. R. Co., 78 Mo. 91; Morrow v. Pacific Railway Co., April term, 1883 (not yet reported). II. The motion in arrest of judgment should have been sustained.…

1Opinion of the Court

Opinion by

Philips, P. J.

This is an action designed to be based on sect. 809, Revised Statutes, commonly known as the double-liability provision, for killing a cow and hog on defendant’s railroad track. The action was instituted in a justice’s court. The statement filed in the case, omitting its formal parts, as to the incorporation of defendant, etc., is substantially as follows:

*79The plaintiff was the owner of one cow and one hog. The cow was of the value of fifty dollars, and the hog was of the value of ten dollars. The said hog strayed upon the track of the defendant’s road, in Prairie…

2Cases cited3 opinions

  1. Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  2. Asher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
  3. Hudgens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883

3Cited by1 opinion

  1. McGuire v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891

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