Freet v. Kansas City, St. Joseph & Council Bluffs Railroad
Missouri Court of Appeals
Error to the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The petition contained no statement or allegation showing the facts from which it might be inferred that this injury happened at a necessary farm crossing. This averment is absolutely essential under the statute. It is a jurisdictional fact. The defendant is only required to put in gates at such farm crossings as are necessary.
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Error to the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The petition contained no statement or allegation showing the facts from which it might be inferred that this injury happened at a necessary farm crossing. This averment is absolutely essential under the statute. It is a jurisdictional fact. The defendant is only required to put in gates at such farm crossings as are necessary. The plaintiff’s evidence, however, affirmatively showed that his own crossing was within one hundred and twenty steps of this one and this crossing was entirely unnecessary. We therefore say that…
1Opinion of the CourtSmith, P. J.
This is an action which was commenced before a justice of the peace, to recover damages, under section 2611, Revised Statues, for injuries to two mares and a horse, the property of the plaintiff. The statement contained two counts. The second was a substantial duplicate of the first. There was probably some slight and unimportant difference in the language employed in alleging the injury, but that was all. Each count alleged every fact under the statute necessary to constitute a cause of action, unless the omission to allege, in the language of the statute, that defendant failed to maintain…
2Cases cited4 opinions
- Woods v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1892
- Miller v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Keyes v. Bank of HardinMissouri Court of Appeals · 1893
- Houghland v. DentMissouri Court of Appeals · 1893
3Cited by1 opinion
- Roberts v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906