McGowan v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case and facts are stated in the opinion. I. The petition shows upon its face that defendant did not erect the embankment and railroad track complained of, but took possession of said Missouri, Kansas and Texas railroad long after the same was erected. Under these circumstances the petition was fatally defective in not averring that plaintiff notified defendant of such obstruction.
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Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case and facts are stated in the opinion. I. The petition shows upon its face that defendant did not erect the embankment and railroad track complained of, but took possession of said Missouri, Kansas and Texas railroad long after the same was erected. Under these circumstances the petition was fatally defective in not averring that plaintiff notified defendant of such obstruction. Dickson ®. Railroad, 71 Mo. 575 ; . Wayland v. Railroad, 75 Mo. 548. II. The demurrer to the evidence should have been sustained. Plaintiff’s own…
1Opinion of the CourtEllison, J.
This action was begun in the Cooper circuit court, on the twentieth day of October, 1883.
On the nineteenth day of August, 1884, the plaintiff filed an amended petition. During the trial of the case the plaintiff dismissed as to the first count of his petition.
The second count of said amended petition is as follows:
‘' Plaintiff for another cause of action states that the defendant is a corporation duly created by law for railroad purposes; that on or about the twelfth day of June, 1878, the plaintiff became the owner in fee of the west half of lot number 171, on the original plat of the city…
2Cases cited4 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Wayland v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Beckley v. SkrohMissouri Court of Appeals · 1885
3Cited by5 opinions
- Phelps v. City of DetroitMichigan Supreme Court · 1899
- Bird v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
- Hulett v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1899
- O'Brien v. Burroughs Adding Machine Co.Missouri Court of Appeals · 1915