Iba v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Fifth District Court. I. The statement was sufficient. (Burt v. Warne, 81 Mo. 296 ; Wathen y. Farr, 8 Mo. 327; Pearson v. Inlow, 20 Mo. 322 ; Early v. Fleming, 16 Mo. 154.) II. The place where the cow was killed is admitted to have been open, uninclosed prairie land, and not at the crossing of any street. In such a case the railroad is not only liable to double damages, but it is unnecessary to show negligence. (Gorham v. Pacific R.R..
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Appeal from Fifth District Court. I. The statement was sufficient. (Burt v. Warne, 81 Mo. 296 ; Wathen y. Farr, 8 Mo. 327; Pearson v. Inlow, 20 Mo. 322 ; Early v. Fleming, 16 Mo. 154.) II. The place where the cow was killed is admitted to have been open, uninclosed prairie land, and not at the crossing of any street. In such a case the railroad is not only liable to double damages, but it is unnecessary to show negligence. (Gorham v. Pacific R.R.. Co., 26 Mo. 442; Powell v. Hann. & St. Jo. R.R.., 35 Mo. 457; Price v. Hann. & St. Jo. R.R. Co., 35 Mo. 188.) The statement on which suit is…
1Opinion of the CourtBliss, Judge
The plaintiff commenced his suit before a justice of the peace, and filed the following’statement of his cause of action:
“ EastoN, Mo., February 15, 1868.
“ The Hahnibal ahd St. Joseph R.R. Co., to Hehby B. Iba, Dr., for damages amounting to sixty-five dollars, for a cow killed on railroad, on or about the 7th day of November, 1867, $65.
Henby B. Iba.’
The defendant appeared, and, without objecting to the statement, the case went to trial. The plaintiff recovered judgment for sixty-five dollars — “double the valuation of the cow” — and defendant appealed. The Circuit Court gave judgment for only…
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3Cited by39 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
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- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
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