Jenkins v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. The case is stated in tlie opinion. (1) The road, as originally established by user, could not be lost by the statute of limitations, because it does not apply to any land appropriated to any public use.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. The case is stated in tlie opinion. (1) The road, as originally established by user, could not be lost by the statute of limitations, because it does not apply to any land appropriated to any public use. B. S. 1879, sec. 3227; Burch v. Winston, 57 Mo. 62. (2) There must have been an abandonment of the road as a whole under section 58, page 270, Acts of 1883. “Non-user by the public for a period of ten years continuously of any public road shall be deemed an abandonment of the same.” The non-user must have been of the whole road…
1Opinion of the CourtHall, J.
— This was an action under section 809, Revised Statutes, begun before a justice of the peace for the recovery of double damages for the killing of plaintiff’s cattle by the defendant. Objection is made to the sufficiency of the statement on the ground that it does not state that the suit was under said statute. Where a statement is otherwise defective, a reference therein to said statute has sometimes been held to help out the statement and render .it good. Summers v. Railroad, 29 Mo. App. 46, and cases cited. But- such reference is never necessary “where the complaint states facts which…
2Cases cited1 opinion
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888