Lindsay v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Oregon Circuit Court. — Hon. J. P. Hale, Judge. There was no evidence authorizing a verdict against the defendant. And the verdict was against the evidence. Such being the case the demurrer to the evidence should have been sustained.
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Appeal from the Oregon Circuit Court. — Hon. J. P. Hale, Judge. There was no evidence authorizing a verdict against the defendant. And the verdict was against the evidence. Such being the case the demurrer to the evidence should have been sustained. It is charged in complaint that the hog was killed in Lynn township, but it does not appear in the transcript of the justice, nor does the evidence in the circuit coart show that M. W. Hearle, from whom the case was appealed, was a justice of the peace for Lynn township, or that the suit was brought in Lynn township. “ In an action before a…
1Opinion of the CourtRombauer, P. J.
The plaintiff, upon appeal from a justice of the peace, recovered a judgment against the defendant for double damages, for the killing of the plaintiff’s sow, under the provisions of section 809 of the Revised Statutes.
*53It appears, from the evidence, that the sow was killed in Lynn township, but there is nothing in the record to show, that the justice of the peace, before whom the action was instituted, was either a justice of Lynn township, or of an adjoining township. The transcript of the justice is not in the record and the only recital therein is that he was a justice of the peace within…
2Cases cited3 opinions
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Rohland v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
- Gilbert v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by6 opinions
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Logan v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Knight v. Kansas CityMissouri Court of Appeals · 1905
- Payne v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1905
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