Legal Opinion

McIntosh v. Hannibal & St. Joseph Railroad

Missouri Court of Appeals

Decided May 23, 1887PublishedCited by 2 opinions

Appeal from Buchanan Circuit Court, How. Joseph P. Grubb, Judge. The case is stated in the opinion. I. The petition did not state facts sufficient to constitute a cause of action. It failed to allege any facts showing that the defendant was under any obligation to fence its track at the point mentioned.

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Appeal from Buchanan Circuit Court, How. Joseph P. Grubb, Judge. The case is stated in the opinion. I. The petition did not state facts sufficient to constitute a cause of action. It failed to allege any facts showing that the defendant was under any obligation to fence its track at the point mentioned. Field v. Railroad, 76 Mo. 614; Parrish v. Railroad, 63 Mo. 284; Sloan v. Railroad, 74 Mo. 47; Bates ■ v. Railroad, 74 Mo. 60; Rowland v. Railroad, 73 Mo. 619; Johnson v Railroad, 76 Mo. 553; Hudgens v. Railroad, 79 Mo, 418; Nance v. Railroad, 79 Mo. 196; Manz v. Railroad, 2 West. Rep. 472. II.…

1Opinion of the Court

Hall, J,

This was an action under section 809, Revised Statutes, begun before a justice of the peace, for the recovery of double damages for the killing, by •defendant, of plaintiff’s ,mare.

It was necessary for the statement or petition to ■allege, by direct averment or necessary implication, that *381the plaintiff’s mare got upon the defendant’s railroad track at a point where, by the law, the defendant was required to erect and maintain fences. Manz v. Railroad, 87 Mo. 281. It is now held that the petition may make said allegations in the words of the statute, imposing the duty upon railroad…

2Cases cited5 opinions

  1. Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
  2. Clarkson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
  3. Williams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  4. Dorman v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
  5. Sheldon v. StephensSupreme Court of Missouri · 1883

3Cited by2 opinions

  1. Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
  2. Brassfield v. PattonMissouri Court of Appeals · 1888

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