Applegate v. Quincy, Omaha & Kansas City Railroad
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The trial court erred in overruling appellant’s objection to the introduction of any evidence, for the reason that the petition did not state facts sufficient to constitute a cause of action against the defendant. Howsmon v. Water Co., 119 Mo. 308; Phoenix Ins. Co. v. Water Co., 42 Mo. App. 118; Manny v. Frasiers, 27 Mo. 419; Page v. Becker, 31 Mo. 466; Street & Johnson v. Goodale, Barger & Co., 77 Mo.
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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) The trial court erred in overruling appellant’s objection to the introduction of any evidence, for the reason that the petition did not state facts sufficient to constitute a cause of action against the defendant. Howsmon v. Water Co., 119 Mo. 308; Phoenix Ins. Co. v. Water Co., 42 Mo. App. 118; Manny v. Frasiers, 27 Mo. 419; Page v. Becker, 31 Mo. 466; Street & Johnson v. Goodale, Barger & Co., 77 Mo. App. 321; Harberg v. Arnold, 78 Mo. App. 239; State ex rel. v. Loomis, 88 Mo. App. 507; Lewis v. Land Co., 124 Mo. 684. (2)…
1Opinion of the CourtLamm, J.
Plaintiff began his action in the Grundy Circuit Court for personal injuries' grounded on negligence. The venue was changed to Daviess on •defendant’s application. From a judgment on a verdict for $10,000, defendant, on apt and due steps, appeals. An outline of the case is this: .
A brewing company of Quincy, Illinois, built a ■cold-storage beer warehouse hardby defendant’s spur track (known as a “team’.’ track) at Trenton, Missouri, on defendant’s right of way. This warehouse *180had three 'doors next to the team track and was built under a contract between defendant and said brewing" company.…
2Cases cited33 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
28 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Main v. LehmanSupreme Court of Missouri · 1922
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
15 more not listed; retrieve them via the Exa API.