Marrett v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Gr. W. Dunn, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, in that it does not allege any facts which show that the animal was killed because of the want of a fence. Lueltie v. Ry. Go., 67 Mo. 245; Cunningham v. Ry. Go., 70 Mo. 202; Rowland v. Ry. Co., 73 Mo. 619 ; Sloan v. Ry. Go., 74 Mo. 47; Morrow v. Ry.
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Appeal from Clinton Circuit Court. — Hon. Gr. W. Dunn, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, in that it does not allege any facts which show that the animal was killed because of the want of a fence. Lueltie v. Ry. Go., 67 Mo. 245; Cunningham v. Ry. Go., 70 Mo. 202; Rowland v. Ry. Co., 73 Mo. 619 ; Sloan v. Ry. Go., 74 Mo. 47; Morrow v. Ry. Co., 74 Mo. 82. (2) The petition is further defective in that it does not show that the point where the animal got upon the track, or was killed, was of the character of land required to be fenced by the…
1Opinion of the Court
Ewing, C.
This was an action before a justice of the peace, founded on the following complaint: “Plaintiff says that defendants are a corporation, made so by ■the laws of Missouri; that they own a railroad which runs through Lathrop township, in Clinton county, Missouri ; that at a certain point, not in the corporate limits of a city or town, and not at a public crossing, where said road was not enclosed by a good and lawful fence, plaintiff ’ s calf, about one year old, on or about the fourth day of June, 1880, strayed upon defendant’s road where there was a break in the fence of said road,…
2Cases cited3 opinions
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by2 opinions
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Rowen v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1899