Hannibal & St. Joseph Railroad v. Kenney
Supreme Court of Missouri
Error to Fifth District Court. The petition states facts sufficient to constitute a cause of action — Kimbacker v. Olev., Col. & Chi. R.R. Co., 3 Ohio, 172, n. ed., and authorities cited. The only question in this case presented to the court is whether the petition sets up any facts or charges any acts, either o£ commission or omission, on the part of the défendant, which would by the law amount to negligence for which he would be responsible in damages.
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Error to Fifth District Court. The petition states facts sufficient to constitute a cause of action — Kimbacker v. Olev., Col. & Chi. R.R. Co., 3 Ohio, 172, n. ed., and authorities cited. The only question in this case presented to the court is whether the petition sets up any facts or charges any acts, either o£ commission or omission, on the part of the défendant, which would by the law amount to negligence for which he would be responsible in damages. It is contended by the defendant that there are no facts or acts of negligence alleged. The.pleader seems to rely on the facts simply that…
1Opinion of the CourtHolmes, Judge
The plaintiff sues for damages done to the railroad and a running train in consequence of the defendant’s mules getting upon the track. It is alleged that the plaintiff was the owner of the railroad, and was running a passenger express train on the road, at night, in the county of Caldwell, when a large number of mules belonging to the defendant, unlawfully and by reason of the defendant’s negligence, entered and were upon the track at a point where it was not the duty of the plaintiff to erect and maintain fences, and that without any negligence on the part of the plaintiff the train came in…
2Cases cited3 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- See v. CoxSupreme Court of Missouri · 1852
3Cited by2 opinions
- Tarwater v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1868
- Chicago & Alton Railroad v. Kansas City Suburban Belt RailroadMissouri Court of Appeals · 1899