Beth v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) As the mule sued for in this case was killed in the Indian Territory, plaintiff was not entitled to institute a suit to recover the value thereof before a justice of the peace in Missouri, for the reason that section 3839, Eevised Statutes 1899, limits the jurisdiction of a justice of the peace in actions against a railroad company for killing or injuring mules, cattle or other animals to the township in which…
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) As the mule sued for in this case was killed in the Indian Territory, plaintiff was not entitled to institute a suit to recover the value thereof before a justice of the peace in Missouri, for the reason that section 3839, Eevised Statutes 1899, limits the jurisdiction of a justice of the peace in actions against a railroad company for killing or injuring mules, cattle or other animals to the township in which the injury happened, or to any adjoining township, and justices of the peace not having any common law jurisdiction are…
1Opinion of the CourtBroaddus, P. J.
This suit "was instituted before a justice of the peace of Galena township, Jasper county, against the defendant, a railroad corporation, for the negligent killing of plaintiff’s mule by one of its trains of cars in the town of Quapaw, Indian Territory. The plaintiff at the time was living in Quapaw, but soon after moved to the State of Kansas. The de*236fendant objected to the introduction of any evidence for tbe reason that the petition shows the mule was killed in the Indian Territory; therefore, the justice had no jurisdiction and consequently the circuit court had.no jurisdiction of the…
2Cases cited2 opinions
- Rohland v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
- Creason v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885