Revelle v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Madison Circuit Court. — PIon. JohnR. Robinson, Judge. The following is the statement filed with-the justice: “Plaintiff states that the defendant is a corporation duly-organized and existing as such under the above corporate-name a.nd style, by virtue of the general and special laws of the State of Missouri, and that as such corporation, it is the owner of that certain railroad known as the St. Louis- & Iron Mountain Railroad which passes through the township of…
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Appeal from Madison Circuit Court. — PIon. JohnR. Robinson, Judge. The following is the statement filed with-the justice: “Plaintiff states that the defendant is a corporation duly-organized and existing as such under the above corporate-name a.nd style, by virtue of the general and special laws of the State of Missouri, and that as such corporation, it is the owner of that certain railroad known as the St. Louis- & Iron Mountain Railroad which passes through the township of St Michael, in the county of Madison, in the State-of Missouri; and that said railroad is the same formerly owned by…
1Opinion of the Court
I
Sherwood, C. J.
The sufficiency of the plaintiff’s statement is the only point for our determination. The statute on which this action is founded is, doubtless, a penal statute, (R. S. 1879, § 809; Barnett v. Railroad Co., 68 Mo. 56,) and the time limited for actions to be brought in such cases, is three years. 1 R. S., § 1710. Aside from any consideration of the date at which the act complained of was done, the statement is very full and complete; all the elements necessary to a recovery, except that one, are well and fully set forth. We may concede at once that the excuse offered by…
2Cases cited4 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
3Cited by12 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- George F. Powell v. St. Louis Dairy Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- State ex rel. Barringer v. HawkinsMissouri Court of Appeals · 1903
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Brown v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1917
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