Asher v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — H. H. Bedpoed, Esq., Special Judge. (1) There was no evidence whatever upon which the court could have legally found a judgment for the plaintiff. 'Wade Railroad,, 78 Mo. 362 ; Matson v. Railroad, 80 Mo. 229 ; Barnett v. Railroad, 63 Mo. 65; Thompson n.
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Appeal from Butler Circuit Court. — H. H. Bedpoed, Esq., Special Judge. (1) There was no evidence whatever upon which the court could have legally found a judgment for the plaintiff. 'Wade Railroad,, 78 Mo. 362 ; Matson v. Railroad, 80 Mo. 229 ; Barnett v. Railroad, 63 Mo. 65; Thompson n. Railroad, 74 Mo. 560; Morris v. Railroad, 79 Mo. 367 ; Hitterling r>. Railroad, 79 Mo. 504; Nance ¶. Railroad, 79 Mo. 196. (2) Because the ■evidence showed that the plaintiff was not the real party in interest, and had no interest in the judgment rendered. R. S., 1879, sec. 3462; Wallen r>. Railroad, 74 Mo.…
1Opinion of the CourtNorton, J.
This cause has a remarkable and unusual history. It is an action to recover damages for hogs alleged to have been killed by defendant in operating its road, the hogs having strayed on the road by reason of defendant’s failure to fence along its sides. The suit was brought in 1877, before a justice of the peace in Poplar Bluff township, Butler county, in August, 1877, from whose judgment in plaintiff’s favor an appeal was taken to the circuit court of Butler county, from which county, on defendant’s application, based on *119the prejudice of the inhabitants of said county, a change of venue was…
2Cases cited1 opinion
- Smith v. PhelpsSupreme Court of Missouri · 1881
3Cited by4 opinions
- Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- Pickett v. School DistrictMissouri Court of Appeals · 1916
- Kyle v. GriffinWest Virginia Supreme Court · 1915
- Neevel v. McDermandMissouri Court of Appeals · 1926