32 Mo. App. 572 | Mo. Ct. App. | 1888
— -This'is an. action under section 809 of the Revised Statutes, commonly known as the double-damage act, for killing a two-year-old colt, belonging to plaintiff. The statement filed with the justice of the peace, and upon which the cause was tried in the circuit court, omitting caption and formal allegations was worded as follows : “ That on or about the seventh day of'December, 1886, defendants, by its agents, trustees, servants and employes, while running a locomotive and train of •cars over said railroad, in' said. Liberty township, run the same over and against,'struck and killed one two-year-old colt, and that said colt was, at the time'of said killing, the property of plaintiff, and of the value of
For the reasons mentioned the judgment is reversed.
Ellison, P. J., and Hall, J., concur in the result because the action is based on section 809, and ■ the evidence all shows that the colt came upon the defendants’ railroad at a public crossing.