Legal Opinion

Luckie v. Chicago & Alton Railroad

Supreme Court of Missouri

Decided April 15, 1878PublishedCited by 12 opinions

Appeal from Audrain Circuit Court. — Hon. Gilchrist Porter, Judge. The petition does not state a cause of action under the 43rd section, railroad law. (Wag. Stat., § 43, p. 310.) Iba v. Han. $ St. Jo. E. E. Co., 45 Mo. 469 ; Wood v. St. L., K. C. # N. E. E. Co., 58 Mo. 109; Cecil v. P. E. E. Co., 47 Mo. 247; Norton v. Han. ‡ St. Jo. E. E. Co., 48 Mo. 387; Mumpower v. Han. £ St. Jo. E. E. Co., 59 Mo. 246.

1Opinion of the CourtHenry, J.

This was an action under the 43rd section of the corporation act, as amended in 1875, (Sess. Acts, p. 131,) to recover double damages for the killing of three steers, the property of plaintiff, by a train of cars running over defendant’s road. The petition alleged that the cat-*246tie were killed “at a place on the prairie, not fenced, where said steers were killed at a crossing on said railroad; that,, under the statute in such case made and provided, plaintiff is entitled to double damages.” The jury rendered a verdict, against defendant for $100, and on plaintiff’s motion, the court entered…

2Cases cited4 opinions

  1. Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
  2. Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
  3. Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
  4. Cary v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1875

3Cited by12 opinions

  1. Rowland v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
  2. Bates v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
  3. Cunningham v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  4. Moore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
  5. Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882

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