Rowland v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. This was an action originally instituted before a justice of the peace upon the following statement: “Plaintiff says that defendant is a corporation; that on the 18th day of January, 1877, in Ash Hill township, in Butler county, and where the said railroad was not fenced, and where there was no public crossing, defendant, by its agents and servants did, while running its locomotive on its said railroad, strike and…
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Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. This was an action originally instituted before a justice of the peace upon the following statement: “Plaintiff says that defendant is a corporation; that on the 18th day of January, 1877, in Ash Hill township, in Butler county, and where the said railroad was not fenced, and where there was no public crossing, defendant, by its agents and servants did, while running its locomotive on its said railroad, strike and kill twelve head of hogs, the property of plaintiff, of the value of $12. Plaintiff prays judgment for $24, being double…
1Opinion of the CourtSherwood, C. J.
The first and second counts in the statement filed with the justice of the peace, though obviously insufficient, yet contain sufficient matter to amend by, as it evidently inferentially refers to the 43rd section of the railroad act. The circuit court, therefore, committed no error in permitting the amendment of the statement when the cause came to that court by appeal.
But the amendment, when made, did not state facts constituting a cause of action, even under the section referred to, as amended, (Acts 1875, p. 131,) because the amended statement does not set forth that the hogs got on the…
2Cases cited2 opinions
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1878
- Cunningham v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by13 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Watkins v. DonnellySupreme Court of Missouri · 1885
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
- Bates v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
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