McCoy v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Hon. George W. Wanamalcer, Judge. (1) Section 4280, Revised Statutes 1899, provides that whenever a cause of action has been fully barred by the laws of the State, Territory or country in which it originated, said bar shall be a complete defense to any action thereon brought in any of the courts in this State can only apply to suits brought in this State when the statutes of the foreign State' bars the cause.
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Appeal from Harrison Circuit Court. — Hon. George W. Wanamalcer, Judge. (1) Section 4280, Revised Statutes 1899, provides that whenever a cause of action has been fully barred by the laws of the State, Territory or country in which it originated, said bar shall be a complete defense to any action thereon brought in any of the courts in this State can only apply to suits brought in this State when the statutes of the foreign State' bars the cause. (2) If the limitation statutes go only to the remedy it cannot be invoked as a bar in the State of Missouri. They must go further and not only…
1Opinion of the CourtEllison, J.
This is an action for personal injury in which the judgment in the trial court was for the defendant.
It appears from the petition in the cause plaintiff is a resident of this State and defendant is a corporation organized and operating its road in the State of Iowa. It also operates its road in this State. While plaintiff was travelling on one of defendant’s trains in the State of Iowa he was injured, in January, 1905, through negligence in the operation of the train. He returned to this State and in December, 1906, instituted his action in the circuit court of Harrison county for *627the sum of…
2Cases cited5 opinions
- Archer v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885
- Pardey v. Town of MechanicsvilleSupreme Court of Iowa · 1900
- McMerty v. MorrisonSupreme Court of Missouri · 1876
- St. Louis Type Foundry Co. v. JacksonSupreme Court of Missouri · 1895
- Berkley v. TootleSupreme Court of Missouri · 1901
3Cited by7 opinions
- Christner v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1933
- Brown v. GrinsteadMissouri Court of Appeals · 1923
- St. Joseph & Grand Island Railway Co. v. Elwood Grain Co.Missouri Court of Appeals · 1918
- Lillard v. LierleyMissouri Court of Appeals · 1918
- Wright v. NEW YORK UNDERWRITERS'INS. CO.District Court, W.D. Missouri · 1932
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