Harrison v. St. Louis, Iron Mountain & Southern Railway Co.
Harrison v. St. Louis, Iron Mountain & Southern Railway Co.
Opinion of the Court
This is an action to recover double damages for the killing of plaintiff’s mule by the defendant’s locomotive on an unfenced part of the defendant’s road. The cause was tried by the court
The action was brought in Tywappity township. The plaintiff’s statement avers that the animal was killed in Ohio township, which is adjacent to Tywappity. The justice’s summons requires the defendant to appear at his office in Charleston, Tywappity township. The cause of action was tried before the circuit court of Mississippi county, and we are bound to take judicial notice of the fact that Charleston is the county seat of that county. One of the witnesses upon the trial identified the township, wherein the mule was killed, as Ohio township in' Mississippi county, and added it “adjoins this township.” In this state of the record we are not prepared to say that there was a total failure of , evidence tending to show that the animal was killed in a township adjoining the one where the suit was instituted. The adjective adjacent may be used in different senses, and is frequently used interchangeably with adjoining, although it may with more propriety be used
The second complaint is based on the want of evidence tending to show that the accident occurred on defendant’s railroad. One witness states that the accident occurred between Stephen Bird’s and Rodney switch on the I. M. R. R. Whether the abbreviation was one used by the witness or by the stenographer does not appear. < Assuming, however, that it was used by the witness, yet we would not be prepared to say that the term used did not sufficiently express the defendant’s name, or that the court could not take judicial notice of the fact that the letters are commonly used as an abbreviation for Iron Mountain railroad. It was said as early as Fenton v. Perkins, 3 Mo. 144, that the abbreviations of a man’s Christian name are so common, that, without any violence to the law' of the land, the courts may take judicial notice of them. We may add that railroads begin to be commonly known and spoken of by the initials of their corporate name, and that it is notorious that some of them are better known by their initials than by their full corporate_ name. There is not a particle of evidence in the record that there is any other railroad in the neighborhood of the accident than the • one operated by the defendant, nor is there any admissible inference even that the witness referred to any other railroad, or that the parties or the court were in any way misled by the want of accuracy in the expressions of witnesses.
We are asked to affirm the judgment with damages, but decline to do so. When the plaintiff can,
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.