74 Mo. 60 | Mo. | 1881
Action instituted before a justice of the peace in Butler county, to recover double damages for the alleged killing, by the defendant, of certain hogs of the plaintiff. Statement as follows: “ Plaintiff states that defendant is a corporation under the laws of the State of Missouri; that on the 15th day of December, 1878, in Poplar Bluff township, in Butler county, and where its said railroad was not fenced, and where there was no crossing
There was error in admitting any evidence on the part of plaintiff, because the foregoing statement fails to state a cause of action. The mere fact that the hogs were killed where the “ railroad was not fenced, and where there was no crossing on said railroad,” shows no liability on the part of defendant; for from aught that appears, the killing of the hogs may not have occurred at a point where the defendant was required by law to fence its road, nor does it appear that such injury was occasioned by the failure of the company to comply with the law requiring the erection of fences. Davis v. M., K. & T. R’y Co., 65 Mo. 441; Cecil v. Pacific R. R. Co., 47 Mo. 246; Luckie v. C. & A. R. R. Co., 67 Mo. 245; Cunningham v. H. & St. Jo. R. R. Co., 70 Mo. 202; Rowland v. Railroad Co., 73 Mo. 619. The judgment will be reversed.
