Briscoe v. Missouri Pacific Railway Co.
Missouri Court of Appeals
-Appeal from Johnson Circuit Court, Hon. Noah M. Hivan, Judge. Statement of case by the court. This suit was begun before a justice of the peace for the recovery of double damages for the killing of plaintiff ’s Berkshire sow by the defendant.
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-Appeal from Johnson Circuit Court, Hon. Noah M. Hivan, Judge. Statement of case by the court. This suit was begun before a justice of the peace for the recovery of double damages for the killing of plaintiff ’s Berkshire sow by the defendant. The statement, or petition, filed in the justice ’ s court alleged, among other things, the following: “And that said sow was so run upon and killed, in said township, by defendant’s engine and cars, at a point where said road passed through enclosed and cultivated fields; and, at the place where said sow was killed as above stated, defendant had, at…
1Opinion of the CourtHall, J.
Two questions are presented for our determination. The defendant first makes the point that the petition does not state facts sufficient to constitute a cause of action, and next that the evidence failed to make out a case against the defendant.
I
The petition, in direct terms, alleges, with sufficient precision, that the animal was killed at a point on the defendant ’ s railroad track where it was the defendant ’ s duty to erect and maintain fences on the sides of such track. Dorman v. Railroad, 17 Mo. App. 339; Lepp v. Railroad, 87 Mo. 139. It was, however, essential for the petition to…
Also in this document: Concurrence.
2Cases cited2 opinions
- Dorman v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
- Lepp v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
3Cited by1 opinion
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913