Tucker v. St. Louis-San Francisco Railway Co.

This case has been certified to us by the Springfield Court of Appeals. Upon a motion for rehearing, in a per curiam opinion, it is said, that the Springfield Court of Appeals has concluded that their opinion is in conflict with the case of Hobart-Lee Tie Co. v. Stone, 135 Mo. App. 438, decided by the St. Louis Court of Appeals, and by order made certified the present case to this court for that reason.

The Court of Appeals in effect rnled that the plaintiffs’ petition stated no cause of action under the statute relied upon, i. e. Section 3174, Revised Statutes 1909, now Section 9975, Revised…