Nickerson v. Eddy
Missouri Court of Appeals
.Appeal from the Hotvarcl Circuit Court. — Hon. John A. Ho chad ay, Judge. The court erred in refusing to sustain the demurrer to the evidence. There was no evidence showing in what township in Howard county the animal was killed. It is not sufficient to allege the jurisdictional fact, but it must be proved that the animal was killed in the township where the suit is brought, or in an adjoining township, and the omission of such proof is fatal. Manuel v. Railroad, 19 Mo.
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.Appeal from the Hotvarcl Circuit Court. — Hon. John A. Ho chad ay, Judge. The court erred in refusing to sustain the demurrer to the evidence. There was no evidence showing in what township in Howard county the animal was killed. It is not sufficient to allege the jurisdictional fact, but it must be proved that the animal was killed in the township where the suit is brought, or in an adjoining township, and the omission of such proof is fatal. Manuel v. Railroad, 19 Mo. App. 631; Roberts v. Railroad, 19 Mo. App. 649; Palmer v. Railroad, 21 Mo. App. 437; Backenstoe v. Railroad, 23 Mo. App.…
1Opinion of the CourtSmith, P. J.
— This was an action begun before a. justice of the peace to recover damages for the alleged killing of plaintiff’s steer. On an appeal to the circuit court the plaintiff had' judgment, and defendants have brought the case here by appeal. The demurrer interposed to the evidence by the defendants at the conclusion of plaintiff’s case should have been sustained. The statute expressly declares, section 6126, that any action-against a railroad company for killing or injuring-horses, mules, cattle or other animals shall be brought before a justice of the peace of the township in which the injury…
2Cases cited11 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1886
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
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