Cooksey v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. H. S. Kelley, Judge. Plaintiff’s evidence as to bis dismissal of tbe suit before tbe justice, was incompetent.
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Appeal from Holt Circuit Court. — Hon. H. S. Kelley, Judge. Plaintiff’s evidence as to bis dismissal of tbe suit before tbe justice, was incompetent. Wynne v. Aubuchon, 23 Mo. 30; Montgomery v. Farley, 5 Mo. 233; Bailey v. Mc-Ginniss, 57 Mo. 362; Jeffries v. Wright, 51 Mo. 215; Johnson v. Beazley, 65 Mo. 250; Bumfelt v. O’Brien, 57 Mo. 569. Tbe judgment obtained by plaintiff before tbe justice merged his cause of action, and he had none when he instituted this suit in the circuit court. Blake v. Doioney, 51 Mo. 437.
1Opinion of the CourtNorton, J.
This suit was instituted in the Holt county circuit court, to recover damages for injuries alleged to have been done to a mule of plaintiff, in consequence of the failure of defendant to erect and maintain cattle-guards at a farm crossing, and good and sufficient or lawful fences on the sides of its road, as well as its failure to erect and maintain sufficient gates at said farm crossing. The answer of defendant, besides being a general denial, set up that plaintiff ought not to have or maintain his said action for that, on the 23rd day of July, 1877, the plaintiff sued defendant for and on…
2Cited by9 opinions
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- State Ex Rel. Emerson v. City of Mound CitySupreme Court of Missouri · 1934
- Moore v. St. Louis Transit Co.Missouri Court of Appeals · 1902
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