79 Mo. 388 | Mo. | 1883
This ease is before us on defendants appeal from the judgment of the circuit court of Buchanan county, and while several grounds of error are set out in the motion for new trial, counsel in his brief relies mainly upon the following, viz., that the petition does not state facts sufficient to constitute a cause of action. This objection is best answered by the statement itself, which, after omitting so much thereof as relates to the incorporation of defendant, etc., is as follows :
Plaintiff further states, that on the 15th day of May, 1879, in said Wayne township, in the county and State aforesaid, at a point on said railroad in said township where a good and lawful fence or any fence was not erected or
The second count of the statement is like the above, except that plaintiff sues for five hogs killed June 1st, 1879, valued at $50, for which he also asks double damages.
Judgment affirmed,