Hudson v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Warren Circuit Court. I. The double damage liability imposed by section 43, is a penalty recoverable only in the name of the State of Missouri. ' (W. S., 310, §§ 42, 43.) ■ The peculiar language of this section must be observed.
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Appeal from Warren Circuit Court. I. The double damage liability imposed by section 43, is a penalty recoverable only in the name of the State of Missouri. ' (W. S., 310, §§ 42, 43.) ■ The peculiar language of this section must be observed. It provides, after declaring that railroad corporations shall erect and maintain fences, &c., that, “Until such fences, openings and gates or bars, farm crossings or cattle guards, shall be duly made and maintained, such corporations.shall be liable in double the amount for all damages which shall be done, &c., occasioned in either case by a failure to…
1Opinion of the CourtVories, Judge
This action was brought before a justice of the peace to recover damages for the killing of stock belonging to the plaintiff, by the locomotive and cars of the defendant,
The stal^unent, filed as a cause of action before the justice, charged, that the defendant was a corporation duly organized under the laws of this State, and was at the time of the wrongs complained of, on the 8th day of July, 1872, the owner and occupier of a railroad running through Hickory Grove-Township, in Warren county, Missouri; also was the owner *529and occupier of a certain locomotive and train of cars running on said…
2Cases cited2 opinions
- Brewster v. LinkSupreme Court of Missouri · 1859
- Norton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1871
3Cited by19 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
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