Todd v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Hon. Cha/rles A. 'Denton, Judge. (1) The petition in this case does not even charge general negligence, bnt pleads a specific act of negligence, and by reason thereof the plaintiff must stand or fall in respect to this allegation. Grisamore v. Railway, 118 Mo. App. 390; Hamilton v. Railway, 114 Mo. App. 508; Galm y. Railway, 113 Mo. App. 593; Mueller y. Shoe Co., 109 Mo. App. 515; Breeden y. C. M'. Co., 103 Mo.
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Appeal from Henry Circuit Court. — Hon. Cha/rles A. 'Denton, Judge. (1) The petition in this case does not even charge general negligence, bnt pleads a specific act of negligence, and by reason thereof the plaintiff must stand or fall in respect to this allegation. Grisamore v. Railway, 118 Mo. App. 390; Hamilton v. Railway, 114 Mo. App. 508; Galm y. Railway, 113 Mo. App. 593; Mueller y. Shoe Co., 109 Mo. App. 515; Breeden y. C. M'. Co., 103 Mo. App. 179; Pryor v. Railway, 85 Mo. App. 378; McGarth v. Railway, 197 Mo. 105; Yall y. Gillham, 187 Mo. 408; Bagnell T. Co. y. Railway, 180 Mo. 463;…
1Opinion of the CourtBROADDTJg, P. J.
The plaintiff was a passenger on one of defendant’s trains, ghe claims that she was injured while she was a passenger on one of the cars of said train and recovered judgment from which the defendant appealed. The cause of action is predicated upon the charge of negligence as set forth in the following statement of her petition:
“Plaintiff states that on the first day of June, 1902, and while this plaintiff was a passenger for hire on one of defendants east-bound trains conducted and operated, by defendant and bound for Holden, Missouri, at q point just east of gtrasburg, defendant, its agents,…
2Cases cited3 opinions
- Sira v. Wabash RailroadSupreme Court of Missouri · 1893
- Turner v. McCookMissouri Court of Appeals · 1898
- Chadwick v. St. Louis Transit Co.Supreme Court of Missouri · 1906
3Cited by4 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Zanolini v. Ferguson-Steere Motor Co.New Mexico Supreme Court · 1954
- Moore v. ClagettCourt of Appeals for the D.C. Circuit · 1919
- Chicago, R. I. & P. R. Co. v. GraceSupreme Court of Oklahoma · 1916