Wilson v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from, JYodaway Circuit Court. I. Tbe Texas cattle act does not prohibit the transportation of that stock from one county within this State to another. II. The owner of the cattle who turned them out upon the prairie, and not the railroad, caused the damage, and lie alone is liable. (Wagn. Stat., §§ 131-136 el seq ; also, § 139.) HI. The Texas cattle statute is highly penal and must be strictly construed.
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Appeal from, JYodaway Circuit Court. I. Tbe Texas cattle act does not prohibit the transportation of that stock from one county within this State to another. II. The owner of the cattle who turned them out upon the prairie, and not the railroad, caused the damage, and lie alone is liable. (Wagn. Stat., §§ 131-136 el seq ; also, § 139.) HI. The Texas cattle statute is highly penal and must be strictly construed. (56 Mo., é07.) 1Y. It is violative of tlie power given Congress by tbe Constitution of the United States to regulate commerce between the States. (Gibbons vs. Ogden, 9 Wheat., 186 ;…
1Opinion of the CourtVOkies, Judge
This action was brought under the provisions of the statutes of this State, concerning Texas, Mexican and Indian cattle.
The petition, after charging that the defendant was a corporation, etc., proceeded to state, in substance, that the defendant did, on the — day of May, 1873, transport, convey and bring into said county of Nodaway, against the form of the statutes in such case made and provided, (referring to the particular statutes) a great number of Texas, Mexican and Indian cattle, to-wit: one hundred head; that said cattle had not been kept the entire previous winter in this State; that…
2Cases cited2 opinions
- City of St. Louis v. BoffingerSupreme Court of Missouri · 1853
- City of St. Louis v. McCoySupreme Court of Missouri · 1853
3Cited by9 opinions
- State v. SaundersSupreme Court of Kansas · 1877
- Coyle v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
- Furley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- State ex rel. St. Louis County v. BonnerMissouri Court of Appeals · 1877
- Wells v. WelchMissouri Court of Appeals · 1920
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