McPeak v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. Action for damages for injuries received while a passenger on the defendant’s train.
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Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. Action for damages for injuries received while a passenger on the defendant’s train. Leaving off the usual formal allegations, the petition is as follows: "Plaintiff states that on the morning of March 12, 1892, he entered defendant’s regular train over its interstate road at Butler, Missouri, as a passenger thereon from Butler to Poster, Bates county, Missouri; that said train was a 'mixed train’ consisting of freight cars, a combination express, mail and passenger car and what is known as a caboose car attached to the passenger…
1Opinion of the Court
Sherwood, J. —
I. Among the grounds urged in the motion in arrest, and incidentally and indirectly nrged in this court by quotation from the authorities, is the point that the petition does not state facts sufficient to constitute a cause of action. This, of course, if true, is such a defect as is never waived, and may be raised at any time while the cause remains pending and undetermined, either in the court of first instance, or in that of last resort, and may be raised by the court of *636its own motion. Smith v. Burrus, 106 Mo. 94, and cases cited; R. S. 1889, sec. 2047; Ibid., see. 2304.
It…
2Cases cited16 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Smith v. BurrusSupreme Court of Missouri · 1891
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Hawkeye-Security Insurance Co. v. Thomas Grain Fumigant Co.Missouri Court of Appeals · 1966
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Nash v. Plaza Electric, Inc.Supreme Court of Missouri · 1962
20 more not listed; retrieve them via the Exa API.