Revelle v. St. Louis, Iron Mountain & Southern Ry. Co.

• Decision Date: 31 October 1881
• Citation: 74 Mo. 438
• Parties: REVELLE v. THE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant.
• Court: Missouri Supreme Court

74 Mo. 438

REVELLE

v.THE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1881.

Appeal from Madison Circuit Court.--HON. JOHN B. ROBINSON, Judge.

AFFIRMED.

The following is the statement filed with the justice: “Plaintiff states that the defendant is a corporation duly organized and existing as such under the above corporate name and style, by virtue of the general and special laws of the State of Missouri, and that as such corporation, it is the owner of that certain railroad known as the St. Louis & Iron Mountain Railroad which passes through the township of St Michael, in the county of Madison, in the State of Missouri; and that said railroad is the same formerly owned by the St. Louis & Iron Mountain Railroad Company; that the said defendant is the successor in interest of and to the said St. Louis & Iron Mountain Railroad Company; and that defendant is also the owner of the property of said company, and by agreement with said company became liable for its debts, liabilities and torts, and especially for the cause of action hereinafter set forth; that as such corporation it was the duty of the defendant and said St. Louis & Iron Mountain Railroad Company to crect and maintain lawful fences, cattle-guards and road crossings on the sides of said railroad where the same passes in said township, through, along and adjoining inclosed and cultivated fields and uninclosed lands; that the defendant and said other company failed to so maintain in said township said fences, cattle-guards and road crossings at a point on said railroad in said township, and about between mile posts 97 and 104, on or about the -- day of _____, 18--, (the plaintiff being unable to give the exact date,) by reason of which neglect and default, two jennets, each of the value of $100, one young jack of the value of $50, and one jennet of the value of $50, and belonging to plaintiff, strayed at said point, (which was not a public road or other crossing, nor a street of any town or village,) on the said railroad where the same in said township passes through, along and adjoining inclosed and cultivated fields, and were at said last named point negligently and carelessly run over and killed by the defendant and the locomotives, engines and cars which were then and there being run by the defendant and its servants and employes; that plaintiff never discovered, nor could he have discovered, that said animals had been as aforesaid, killed, until on or about the 1st day of June, 1877; that he was prevented from making discovery because defendant and its predecessor were guilty of an improper act in this, that of hiding and secreting said animals after they were killed and injured as aforesaid, so that plaintiff could not learn their whereabouts. Wherefore plaintiff demands double damages for the killing as aforesaid of said animals, in the sum of $600, as is given by the statute in such cases made and provided.

For a second cause of action, plaintiff states that the defendant is a corporation duly organized and existing under the above name, by virtue of the general and special laws of the State of Missouri, and that as such corporation, it is the owner of that certain railroad known as the Iron Mountain Railroad which passes through the township of St. Michael, in the county of Madison, in the State of Missouri, and that said railroad is the same formerly owned by the St. Louis & Iron Mountain Railroad Company; that said defendant is the successor in interest of and to the said St. Louis & Iron Mountain Railroad Company, a corporation, etc., and that defendant is also the owner of the property of said company, and by agreement with said company became liable for its debts, liabilities and torts, especially for the cause of action hereinafter set forth; that on or about the -- day of _____, 18--, (the plaintiff not being able to give the precise date,) the plaintiff was the owner of two jennets of the value of $100 each, one young jack of the value of $50, and one young jennet of the value of $50, all of which were of the total value of $300; that said jennets and jack were...