Scott v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court.- — ITon. Richard Field, Judge. (1) The demurrer should have been sustained. The1 petition does not state a cause of action: First. There is no allegation in the petition that plaintiff is entitled to the penalty sued for. This is a necessary allegation. Vandeventer v. Vancourt, 1 Pennington [2 N. J.] 168. Second.
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Appeal from the Pettis Circuit Court.- — ITon. Richard Field, Judge. (1) The demurrer should have been sustained. The1 petition does not state a cause of action: First. There is no allegation in the petition that plaintiff is entitled to the penalty sued for. This is a necessary allegation. Vandeventer v. Vancourt, 1 Pennington [2 N. J.] 168. Second. The statute under which the action is brought is a penal statute, and, in such actions, greater strictness of construction, both as to the allegata and the probata, is required. Many v. Railroad, 87 Mo. 278 on 281, and authorities cited; Barnett…
1Opinion of the Court
Smith, P. J. —
This was an action under the provisions of section 810, Revised Statutes, as amended by the act of March 21, 1883 (Sess. Acts, 1883, page 50), for damages and penalty for the failure of the defendant to cause all the dead or dry vegetation and undergrowth upon the right iff way, occupied by it, to be cleared off and burned up or removed twice in each year, for the purpose of preventing the spread of fire, and the destruction of property.
*526The defendant interposed a demurrer to the plaintiff ’ s petition, for the reason that the same did not state facts sufficient to constitute a…
2Cases cited6 opinions
- Tynan v. WalkerCalifornia Supreme Court · 1868
- State v. HaysSupreme Court of Missouri · 1883
- Wetzell v. WatersSupreme Court of Missouri · 1853
- State ex rel. Clinton County v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1885
- Borum v. ReedSupreme Court of Missouri · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Skinner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1914
- McFarland v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1903
3 more not listed; retrieve them via the Exa API.