Betz v. Kansas City Home Telephone Co.
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court. — Eon. John Gr. Parle, Judge. (1) The trial court erred in overruling the defendant's objection to plaintiff's petition for the reason that the same did not state facts sufficient to constitute a cause of action. Telegraph Oo. v. Kreuger, 30 Ind. App., 28. (2) Plaintiff’s reply in this case was wholly insufficient in law and defendant’s allégations in its second defense set out in its answer, stand admitted.
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Appeal from tbe Jackson Circuit Court. — Eon. John Gr. Parle, Judge. (1) The trial court erred in overruling the defendant's objection to plaintiff's petition for the reason that the same did not state facts sufficient to constitute a cause of action. Telegraph Oo. v. Kreuger, 30 Ind. App., 28. (2) Plaintiff’s reply in this case was wholly insufficient in law and defendant’s allégations in its second defense set out in its answer, stand admitted. Young v. Schofield, 132 Mo. 650; Building Association v. Telephone Co., 88 Mo. 258; St. Louis v. Telephone Co., 96 Mo. 623; Telephone Co. v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is for damages for the alleged wrongful act of defendant in destroying a certain shade tree growing in front of her property. She alleges in her petition that she isi the owner- of a certain lot of ground fronting on Walnut street in Kansas City, Missouri; that she had shade trees planted immediately in front of said lot along the sidewalk of the street, to give shade and beauty to her said property thereby to make her home more comfortable; and that defendant in May, 1904, unlawfully cut off the top of one of said trees, and did the same in such a careless and negligent…
2Cases cited3 opinions
- Young v. SchofieldSupreme Court of Missouri · 1896
- Restetsky v. Delmar Avenue & Clayton RailroadMissouri Court of Appeals · 1904
- Western Union Telegraph Co. v. KruegerIndiana Court of Appeals · 1902
3Cited by3 opinions
- Cooper v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1944
- Kerby v. Prairie Pipe Line Co.Missouri Court of Appeals · 1928
- Sundmacher v. LloydMissouri Court of Appeals · 1909