Steiglider v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Error to the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) In 1887, plaintiffs had two rights of action, arising from the same cause, namely: The failure of defendant, during the years 1885 and 1886, to maintain a lawful fence through plaintiffs’ premises.' The first for damages to plaintiffs’ meadow by stock getting in upon it repeatedly during the year 1885. The second for damages to the same meadow, by stock, during the year 1886. Both rights of action having…
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Error to the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) In 1887, plaintiffs had two rights of action, arising from the same cause, namely: The failure of defendant, during the years 1885 and 1886, to maintain a lawful fence through plaintiffs’ premises.' The first for damages to plaintiffs’ meadow by stock getting in upon it repeatedly during the year 1885. The second for damages to the same meadow, by stock, during the year 1886. Both rights of action having grown out of the same cause, and plaintiffs having, in 1887, sued and recovered on their right of action for the damages of…
1Opinion of the Court
Gill, J. —
This is an action to recover double damages, under the statute, for injury to the crop of grass in plaintiffs’ pasture, caused by animals going upon said pasture from defendant’s railroad, in consequence of defendant’s failure to erect and maintain fences along the sides of its railroad, where it passed through said pasture. The petition contained two counts.
The first was for damages done by animals to the crop of grass in 1885; and the second was for damages done to the crop in 1887. The evidence sustained the allegations of the petition, and plaintiffs were entitled-to recover,…
2Cases cited2 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Laine v. FrancisMissouri Court of Appeals · 1884
3Cited by10 opinions
- Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Szombathy v. MerzSupreme Court of Missouri · 1941
- Colquett v. WilliamsSupreme Court of Alabama · 1959
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933
- Hill v. Chowning, Scott & Co.Missouri Court of Appeals · 1902
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