Kronski v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — ITon. W. T. "Wood, Judge. Under the statute a failure to fence its road does not create an absolute liability against a railroad company. It is only where such failure to fence has occasioned or caused the damage. This fact is jurisdictional. It must be alleged in the complaint, and there must be some evidence tending to prove it.
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Appeal from Lafayette Circuit Court. — ITon. W. T. "Wood, Judge. Under the statute a failure to fence its road does not create an absolute liability against a railroad company. It is only where such failure to fence has occasioned or caused the damage. This fact is jurisdictional. It must be alleged in the complaint, and there must be some evidence tending to prove it. Gurry v. R’y Co., 48 Wis. 665; Lawrence v. R’y Co., 42 Wis. 322. The return of the constable did not give the court jurisdiction over the defendant. Lake Shore § M. S. R’y Co. v. Hunt, 39 Mich. 469. The records of the county…
1Opinion of the Court
Winslow, C.
This is an action for damages under the 43rd section of the Corporation Act, for killing plaintiff’s cow, valued in the complaint at $40. The complaint was originally filed before James W. Callahan, a justice of the peace of Lafayette county, October 25th, 1878, and the plaintiff is therein styled Martin Krinshee; and, in the summons, which was issued by Callahan, the plaintiff is also called Martin Krinshee; in all of the other pleadings and records in the case, including those filed by the defendant, he is designated as Martin Kronski. Appellant made this variance a ground for a…
2Cases cited16 opinions
- Parry v. WoodsonSupreme Court of Missouri · 1863
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
- Tower v. MooreSupreme Court of Missouri · 1873
- Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Green v. StrotherCourt of Appeals of Kansas · 1919
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Eddy v. LafayetteCourt of Appeals for the Eighth Circuit · 1892
23 more not listed; retrieve them via the Exa API.