Keltenbaugh v. St. Louis, Arkansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. When suit is brought for double damages against a railroad for killing stock, it must be in the same or an adjoining township. R. S., sec. 2839. This is a jurisdictional fact which must affirmatively appear by the record, and must be not only averred in the statement, but must be proven. Wiseman «. Railroad, 30 Mo.
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Appeal from the Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. When suit is brought for double damages against a railroad for killing stock, it must be in the same or an adjoining township. R. S., sec. 2839. This is a jurisdictional fact which must affirmatively appear by the record, and must be not only averred in the statement, but must be proven. Wiseman «. Railroad, 30 Mo. App. 516. This being a jurisdictional fact, it is questionable whether it could be amended in the circuit court. But, even if permissible, it was a most material amendment, and the submission should have been…
1Opinion of the CourtBiggs, J.
This action was begun before a justice of the peace in Tywappity township, Mississippi county, under section 809, Revised Statutes, 1879, to recover double damages for killing a steer on defendant’s railway. There was judgment before the justice for plaintiff, and on appeal to the circuit court, the cause was submitted to the judge sitting as a jury, which resulted in a judgment for sixty dollars, double damages, in favor of plaintiff. No instructions were asked or given.
*150Defendant contends that the judgment cannot be sustained for the following reasons :(1) Because the court, during the trial…
2Cases cited7 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
- State v. SayersSupreme Court of Missouri · 1875
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Bartholow v. CampbellSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Keeton v. St. Louis & Meramec River Railway Co.Missouri Court of Appeals · 1905
- Eastin v. JoyceMissouri Court of Appeals · 1900
- Pifer v. StanleyMissouri Court of Appeals · 1894
- Dowdy v. WombleMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.