Vaughan v. Kansas City, Springfield & Memphis Railroad
Missouri Court of Appeals
Appeal from, the Oregon Circuit Court. — Hon. J. F. Hale, Judge. It has been held repeatedly by the higher courts of this state that section 809, Revised Statutes, contemplates an actual collision of the railroad company’s cars or engine with the animal. Gilbert v. Railroad, 23 Mo. App. 65; Lafferty v. Railroad, 44 Mo. 291; Seibert v. Railroad, 66 Mo. 325. And we deny “that an actual collision of the railroad company’s cars or engine with the animal” was proven in this case.
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Appeal from, the Oregon Circuit Court. — Hon. J. F. Hale, Judge. It has been held repeatedly by the higher courts of this state that section 809, Revised Statutes, contemplates an actual collision of the railroad company’s cars or engine with the animal. Gilbert v. Railroad, 23 Mo. App. 65; Lafferty v. Railroad, 44 Mo. 291; Seibert v. Railroad, 66 Mo. 325. And we deny “that an actual collision of the railroad company’s cars or engine with the animal” was proven in this case. “Section 809, Revised Statutes, is a penal statute, and in proceedings under statutes exacting a penalty a greater…
1Opinion of the CourtBiggs, J.
This is a suit under section 809, Revised Statutes, for killing plaintiff’s heifer. There was a judgment for plaintiff for double damages before the justice of the peace, from which defendant appealed. A trial in the circuit court was had with a like result and defendant has again appealed.
The assignment of errors by defendant in relation to the admissibility of testimony under the pleadings and the jurisdiction of the justice, will have to be -determined against the defendant. There appears in the circuit court proceedings, an entry giving-plaintiff leave to file an amended statement. This…
2Cases cited6 opinions
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Moore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Terry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Walter v. CathcartSupreme Court of Missouri · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Calkins v. EngleMissouri Court of Appeals · 1927
- Euler v. State Highway CommissionMissouri Court of Appeals · 1932
- Reed v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Peck v. Great American InsuranceMissouri Court of Appeals · 1936
- Roberts v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.