Dooley v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Monroe County Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in overruling appellant’s motion to require respondent to make the second count of his petition more specific. R. S., secs. 3511, 3512. The court erred in permitting respondent to introduce evidence on the second and third count of the petition against the objection of appellant.
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Appeal from the Monroe County Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in overruling appellant’s motion to require respondent to make the second count of his petition more specific. R. S., secs. 3511, 3512. The court erred in permitting respondent to introduce evidence on the second and third count of the petition against the objection of appellant. R. S., secs. 3512, 3515 ; Ashby v. Winston, 26 Mo. 210 ; Games v. McCollough, 48 Mo. 318; Grove v. City of Kansas, 75 Mo. 672, p. 675 especially. When a statute gives a right which did not exist by common law and a remedy for…
1Opinion of the CourtBiggs, J.
This is an action for damages, begun in the circuit court of Monroe county. The petition contains three counts. The cause of action stated in the first count is for double damages, under section 809, Revised Statutes, for killing three head of four-year old cattle, the property of the plaintiff, of the alleged value of one hundred and fifty dollars. The plaintiff averred that in July, 1887, he was the owner of a farm in Monroe county, and the defendant’s railroad extended along the west line of this farm for the distance of one mile ; that the defendant had failed and neglected to erect a…
2Cases cited7 opinions
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- Offield v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- State ex rel. McCracken v. BlackmanSupreme Court of Missouri · 1873
- Chubbuck v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Shoemaker v. SonjuNorth Dakota Supreme Court · 1906
- Acton v. CulbertsonSupreme Court of Oklahoma · 1913