Grimes v. Eddy
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. T. H. Bacon, Judge. (1) The court erred in not sustaining the defendant’s demurrer under the first count in the petition, because the evidence wholly failed to sustain the averments of the petition in these three particulars: First. That the cattle transported and alleged to have been permitted to escape, etc., were infected with a deadly disease. Second. That the defendants knew the fact. Railroad v. Finley, 16 Pac. Rep.
Read the full summary
Appeal from Monroe Circuit Court. — Hon. T. H. Bacon, Judge. (1) The court erred in not sustaining the defendant’s demurrer under the first count in the petition, because the evidence wholly failed to sustain the averments of the petition in these three particulars: First. That the cattle transported and alleged to have been permitted to escape, etc., were infected with a deadly disease. Second. That the defendants knew the fact. Railroad v. Finley, 16 Pac. Rep. (Kan.) 956-, Shearman andRedf. onNeg. [3 Ed.] sec. 193; Patee v. Adams, 14 Pac. Rep. (Kan.) 505; Hawks v. Lock, 139 Mass. 205; Coyle…
1Opinion of the CourtBurgess, J.
— This is an action to recover the value of a cow alleged to have died from Texas fever contracted from cattle shipped over the Missouri, Kansas & Texas Railway, while the same was being operated by the defendants as receivers. The suit was commenced before a justice of the peace in ■ Monroe county, and appealed to the circuit court. The statement is in two counts, and, leaving off the caption, is as follows-:
“Plaintiff says that the Missouri, Kansas & Texas Railway Company was, on and after the day hereinafter mentioned, and now is, a railroad corporation organized under the laws of the…
2Cases cited15 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Smith v. TurnerSupreme Court of the United States · 1849
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Minnesota v. BarberSupreme Court of the United States · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. MainSupreme Court of Connecticut · 1897
- West v. Broderick & Bascom Rope CompanySupreme Court of Iowa · 1972
- Scott v. FlowersNebraska Supreme Court · 1901
- Moler v. WhismanSupreme Court of Missouri · 1912
- City of Shreveport v. Kansas City, S. & G. Ry. Co.Supreme Court of Louisiana · 1929
18 more not listed; retrieve them via the Exa API.