Henry v. Wabash Western Railroad
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. (1) Tliere was no proof offered that tbe crossings in queslion were public roads. This was a fatal omission.
Read the full summary
Appeal from the St. Charles Circuit Court. (1) Tliere was no proof offered that tbe crossings in queslion were public roads. This was a fatal omission. Acts, 1885, p. 87; R. S. 1879, sec. 6976 ; Baclean v. City of Cape Girardeau, 71 Mo. 392. (2) The court erred in permitting the amended complaint to be filed after the case had been tried and was under advisement, when the obvious purpose of the amended complaint was not to correct mere imperfections in matters of form, but to srlpply jurisdictional and fatal defects in the original statement. R. S. 1879, sec. 3538; R. S. 1879, sec. 3570; Webb…
1Opinion of the CourtRombauer, P. J.
This action was instituted before a justice of the peace to recover double the amount expended by the road overseer in repairing two public road crossings across the defendant’s railroad, under the provisions of the act approved March 27, 1885. The parts of said act which are pertinent to the present inquiry, are as follows:
“Every such corporation shall construct and maintain good and sufficient crossings where its railroad crosses public roads, * * * which crossings shall be constructed of the materials and in the manner following (describing the manner and material of construction in…
2Cases cited6 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Daniels v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1876
- State ex rel. Greely v. City of St. LouisSupreme Court of Missouri · 1877
- McKinney v. HarralMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taylor v. City of SpringfieldMissouri Court of Appeals · 1895
- Boyd v. City of SpringfieldMissouri Court of Appeals · 1895