Knight v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. Paris O. Stepp, Judge. (1) The circuit court had no jurisdiction over the subject-matter of this suit. The original petition and cause of action was based on section 1082 of the Revised Statutes of 1899 for failure to receive and ship a hog. The damages claimed was two dollars which was asked to be trebled, so the amount sued for was six dollars.
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Appeal from Grundy Circuit Court. — Hon. Paris O. Stepp, Judge. (1) The circuit court had no jurisdiction over the subject-matter of this suit. The original petition and cause of action was based on section 1082 of the Revised Statutes of 1899 for failure to receive and ship a hog. The damages claimed was two dollars which was asked to be trebled, so the amount sued for was six dollars. The circuit court in such case has jurisdiction only when the amount involved, exclusive-of interest and costs, shall exceed fifty dollars. R. S. 1899, sec. 1674. (2) The attorney’s fee sued for could only be…
1Opinion of the CourtJohnson, J.
Action against a common carrier to recover damages for an alleged wrongful refusal to receive and transport a hog offered by plaintiff for shipment. Plaintiff had judgment in the sum of two dollars compensatory and $63 exemplary damages and defendant appealed. The suit was brought in the circuit court and in the petition plaintiff alleged in substance that he brought the animal properly crated and in good condition, to defendant’s station at Trenton and *318requested defendant’s agent to ship it to Green City, another station on defendant’s line some forty miles east of Trenton, and that…
2Cases cited16 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Liese v. MeyerSupreme Court of Missouri · 1898
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Director General of Railroads v. WilfordSupreme Court of Florida · 1921
- Glover v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- United States Casualty Co. v. District of Columbia ex rel. North American Cement Corp.Court of Appeals for the D.C. Circuit · 1939
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Cathey v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.