Harris v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. I. This suit is not based upon any statute to- recover any penalty; it does not purport to be. It totally fails to show any cause of action under any statute. It is not alleged that appellant is even a corporation of this State. This it is necessary to do, in order to show a cause of action, where none existed at common law.
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Appeal from Macon Circuit Court. I. This suit is not based upon any statute to- recover any penalty; it does not purport to be. It totally fails to show any cause of action under any statute. It is not alleged that appellant is even a corporation of this State. This it is necessary to do, in order to show a cause of action, where none existed at common law. (Welton v. Pacific R.R., 34 Mo. 358 ; Williams v. Hingham et al., 4 Pick. 341; R. C. 1855, § 53, p. 1239.) The first count is in the nature of the common-law action of trespass de bonis asportatis. II. The second count totally fails to…
1Opinion of the CourtWagner, Judge
Harris filed his petition in the Macon county Circuit Court against the appellant, claiming damages in the sum of two thousand dollars, for the loss of a negro slave named Isaac. The petition contained two counts ; the first stated that the appellant, without leave and wrongfully, took the slave and did not return the same ; the second count alleged that appellant, by failing to use ordinary care and diligence in the management of its railroad cars, caused respondent Harris to lose the said negro slave.
On the trial no evidence was introduced tending in anywise to sustain the allegation in the…
2Cited by11 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Louisville, New Albany & Chicago Railway Co. v. ReynoldsIndiana Supreme Court · 1889
- Ensworth v. BartonSupreme Court of Missouri · 1875
- Spindle v. HydeSupreme Court of Missouri · 1912
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