Ray v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Wayne County Circuit Court, John-G. Wear, Judge. The petition states several independent causes of action in one count or paragraph, and the court erred in overruling the defendant’s motion to require the plaintiffs to elect.
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Appeal from the Wayne County Circuit Court, John-G. Wear, Judge. The petition states several independent causes of action in one count or paragraph, and the court erred in overruling the defendant’s motion to require the plaintiffs to elect. Rev. Stat., sects. 3512, 3529 ; Bliss on Code Pleading, sect. 412 ; Pomeroy on Remedies and Remedial Rights, sect. 447; House v. Lowell, 45 Mo. 881; Ciarle? s Adrn?r v. Railroad, 36 Mo. 202; Bass v. Comstock, 38 N. Y. 21; Money v. Kennett, 19 Mo. 550; Childs v. Bank, 17 Mo. 213. The court should have taken the evidence, and tried the merits of the case…
1Opinion of the CourtThompson, J.
This suit was originally brought before a justice of the peace, to recover double damages, under Revised Statutes, section 809, for injuries to a crop of corn, alleged to have been done by hogs, which got into the inclosed fields of the plaintiffs, by reason of the failure of the defendant to maintain a fence along its line or road, as required by the statute. The plaintiffs’ statement (omitting the caption) was as follows:
“The plaintiffs state that the defendant, at the time hereinafter mentioned, was running and operating a railroad through Williams township, county and state aforesaid,…
2Cases cited5 opinions
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Reed v. SnodgrassSupreme Court of Missouri · 1874
- Carpenter v. St. Louis, Iron Mountain & Southern Ry. Co.Missouri Court of Appeals · 1886
- Farmers' & Drovers' Bank v. WilliamsonSupreme Court of Missouri · 1875
- Sumners v. TiceSupreme Court of Missouri · 1823
3Cited by5 opinions
- Holtzman v. HoltzmanMissouri Court of Appeals · 1955
- Hornsby v. StevensMissouri Court of Appeals · 1896
- Woods v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1892
- Boyce v. Odell Commission Co.U.S. Circuit Court for the District of Indiana · 1901
- Kain v. TuohyMissouri Court of Appeals · 1899