Brown v. Missouri, Kansas & Texas Ry. Co.

Decision Date31 October 1877
CourtMissouri Supreme Court
PartiesBROWN v. MISSOURI, KANSAS & TEXAS RAILWAY CO., Appellant.

Appeal from Hannibal Court of Common Pleas.--HON. JOHN T. REDD, Judge.

John Montgomery, Jr., for appellant, cited Tucker v. St. L. K. C. & N. Rwy., 54 Mo. 181; Stephenson v. N. Y. & H. Rwy., 2 Duer 341; Cox v. Midland Counties Rwy., 3 Exch. 268; Pierce on R. R. Law, 373.

NAPTON, J.

This was a suit originating in a justice's court for a small bill of drugs furnished a woman who had been hurt by the locomotive or cars of defendant, and alleged to have been furnished at the request of defendant. The order to the druggist was given by Mr. Town, superintendent of the division of the road from Hannibal to Sedalia. No proof was offered as to the duties of such officer, and the courts cannot take judicial notice of them. The judgment for the plaintiff must be reversed, and the cause remanded.

The other judges concur.

REVERSED.

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