Brittin and Wilson-Ward Co. v. Hines
Missouri Court of Appeals
Appeal from Circuit- Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) This canse of action was commenced before a justice of the peace in Hayti Township in Pemiscot county. The statement of the cause of action alleged that the animal was killed on defendant’s railroad in Concord Townshipand that said township are adjoining townships. But there was no evidence offered to show that Hayti and Concord Townships adjoined each other.
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Appeal from Circuit- Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) This canse of action was commenced before a justice of the peace in Hayti Township in Pemiscot county. The statement of the cause of action alleged that the animal was killed on defendant’s railroad in Concord Townshipand that said township are adjoining townships. But there was no evidence offered to show that Hayti and Concord Townships adjoined each other. This fact is jurisdictional and must both be alleged and proved. The verdict should therefore have been directed for defendant as requested. Section…
1Opinion of the CourtFarrington, J.
Tliis is an action which was brought in thei justice court to recover double damages for the killing of a mule belonging to E. B. Brittin. It appears that the other respondent, Wilson-Ward Company, held a chattel mortgage covering this animal. The suit is based on Section 9948,. Revised Statutes of Missouri of 1919, known as the double damage collision statute.
Appellant raises two points on appeal. First, that there is a failure on the part of the plaintiff to show that suit was brought before a justice of the peace within the township in which the injury occurred or an adjoining one thereto…
2Cases cited2 opinions
- Miller v. GeeserMissouri Court of Appeals · 1915
- Ellis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884