Spalding v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Slielby Circuit Court. — -How. Nat. M: Shelton,- Judge. (1) “Every substantive fact which, the pleader must prove to maintain his action -should, under the practice act, be alleged so that the issue can be made thereon. ’ ’ Harrison v. Railway, 50 Mo. App. 336. The words of the Supreme Court in Link v. Vaughn, 17 Mo. 586, are very applicable here.
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Appeal from Slielby Circuit Court. — -How. Nat. M: Shelton,- Judge. (1) “Every substantive fact which, the pleader must prove to maintain his action -should, under the practice act, be alleged so that the issue can be made thereon. ’ ’ Harrison v. Railway, 50 Mo. App. 336. The words of the Supreme Court in Link v. Vaughn, 17 Mo. 586, are very applicable here. It says: “The code requires the petition to contain a statement of the facts constituting the cause of action, in ordinary and concise language, without a repetition, and in such manner as to enable a person of common understanding to…
1Opinion of the CourtBland, P. J.
The petition was in three counts. The appeal is from a judgment rendered on the third count. This count reads as follows:
“For another and further cause of action against the defendant, plaintiff states that on the second day of February, 1901, defendant, being a corporation and *227common carrier as aforesaid, received of and from the plaintiff, at its station at Browning, Missouri, on the Chicago, Burlington & Kansas City railway, then and now owned by the defendant, eighteen horses, of the value of $1,800, the property of the plaintiff, and then and there undertook and agreed to transport and…
2Cases cited5 opinions
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Scovill v. . GriffithNew York Court of Appeals · 1855
- Briggs v. New York Central Rail RoadNew York Supreme Court · 1858
- Johnson v. StraderSupreme Court of Missouri · 1834
- Redmon v. Chicago, Rock Island & Pacific RailroadCourt of Appeals of Kansas · 1901
3Cited by3 opinions
- Clark v. American Express Co.Supreme Court of Iowa · 1906
- Amber v. DavisMissouri Court of Appeals · 1926
- Sailer v. United States Railway AdministrationNorth Dakota Supreme Court · 1920