Jones v. Chicago, Burlington & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from the Putnam Circuit Court. — Hon. Andeew Ellison, Judge. (1) There was no evidence introduced tending to prove the averments of this petition that “Union township, in which the suit is brought adjoins Lincoln township in which said mare was killed.” Hence the justice is not shown to have had jurisdiction, and the circuit court acquired none. Bevised Statutes, 1889, sec. 6126; Wright v. Railroad, 25 Mo. App. 230; Kinion v. Railroad, 30 Mo.
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Appeal from the Putnam Circuit Court. — Hon. Andeew Ellison, Judge. (1) There was no evidence introduced tending to prove the averments of this petition that “Union township, in which the suit is brought adjoins Lincoln township in which said mare was killed.” Hence the justice is not shown to have had jurisdiction, and the circuit court acquired none. Bevised Statutes, 1889, sec. 6126; Wright v. Railroad, 25 Mo. App. 230; Kinion v. Railroad, 30 Mo. App. 573; Michell v. Railroad, 82 Mo. 106; Jewett v. Railroad, 38 Mo. App. 50; IWhitesides v. Railroad, 49 Mo. App. 250; Qilly v. Railroad, 38…
1Opinion of the CourtSmith, P. J.
This suit was brought before a justice of the peace under the provisions of Revised Statutes, 1889, section 2611, to recover double damages for the killing of plaintiff’s mare. The complaint alleged amongst other things “that defendant failed to erect and maintain a good and sufficient cattle-guard near by to prevent stock from going onto said railroad at or near said place where said animal was struck and killed.” There was no further allegation therein relating to the cattle-guard. There was also the further allegation that “Union township in which the suit was brought adjoins Lincoln…
2Cases cited9 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
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3Cited by5 opinions
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Porter v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1896
- Harrison v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1894