Smith v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court.—Hon. Jas. D. Barnett, Judge. (1) The allegation that the railroad passed through enclosed fields must he construed to mean that the adjoining field was lawfully enclosed that is by a lawful fence. Bank y. Railway, 109 Mo. App. 165; Seidel y. Railway, 109 M'o. App. 160. Plaintiff is bound by the allegations of his petition. “Parties must stand or fall upon their pleadings.” Ray v. Bowles, 83 Mo. 170; Steinburg v. Insurance Co., 49 Mo.
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Appeal from Audrain Circuit Court.—Hon. Jas. D. Barnett, Judge. (1) The allegation that the railroad passed through enclosed fields must he construed to mean that the adjoining field was lawfully enclosed that is by a lawful fence. Bank y. Railway, 109 Mo. App. 165; Seidel y. Railway, 109 M'o. App. 160. Plaintiff is bound by the allegations of his petition. “Parties must stand or fall upon their pleadings.” Ray v. Bowles, 83 Mo. 170; Steinburg v. Insurance Co., 49 Mo. App. 265. (2) In a suit upon a penal statute such as this, it is particularly true that the petition is strictly construed…
1Opinion of the CourtBland, P. J.
(after stating the facts).—1. At the threshold of the case defendant objected to the introduction of any evidence, on the ‘ground that the petition failed to state any cause of action. The petition contains all the allegations essential to plaintiff’s right to recover, and follows the language of the statute upon which the action is bottomed, therefore, no error was committed by the trial court in overruling the objection.
2. It is alleged in the petition, that the horses and mules went upon the railroad where it “passed through, along and adjoining inclosed and cultivated fields and lands.”…
2Cases cited10 opinions
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Kansas City v. ScarrittSupreme Court of Missouri · 1902
- Hoffman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
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3Cited by5 opinions
- Dean Hales v. Green Colonial, Inc., a Corporation v. Harold Munroe, Third PartyCourt of Appeals for the Third Circuit · 1974
- McCaskey v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
- Citizens Bank v. OaksMissouri Court of Appeals · 1914
- Dean Hales v. Green Colonial, Inc., a Corporation v. Harold Munroe, Third PartyCourt of Appeals for the Third Circuit · 1974
- Kohley v. Producers Cooperative Association of Girard, Inc.District Court, W.D. Missouri · 2024