Emmerson v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in overruling defendant’s objection to the introd uction of any evidence under the transcript and statement o f the justice. Badcenstoe v. Railroad, 23 Mo.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in overruling defendant’s objection to the introd uction of any evidence under the transcript and statement o f the justice. Badcenstoe v. Railroad, 23 Mo. App. 158 ; Badcenstoe v. Railroad, 86 Mo. 492 ; Rohland v. Railroad, 89 Mo. 180 ; Mitchell v. Railroad, 82 Mo. 106; Ward v. Railroad, 91 Mo. 169. (2) The railway company was not required to fence its track at the point where the animals entered upon the track. The statutory rule is, that railway companies are not require d to fence their roads at public…
1Opinion of the CourtSmith, P. J.
This was an action brought before a. justice of the peace of Cuivre township in Pike county, upon the statute, to recover damages for the killing of nine mules and one mare.
The case was tried before the justice and from his; judgment an appeal was taken to the circuit court, from whence a change of venue was awarded to the circuit-court of Audrain county where there was atrial de novo,. and judgment for plaintiff from which defendant prosecuted its appeal here.
I. At the inception of the trial of the case in the-circuit court the defendant objected to the introduction of any evidence under the…
2Cases cited13 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Riggs v. St. Francois County Railway Co.Missouri Court of Appeals · 1906
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Ellis v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1901
- Duke v. Kansas City, Ft. Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Phillips v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.