Corcoran v. Wabash Railroad
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Eon. W. 0. Ellison> Judge. “That the petition is insufficient to support a judgment.” Such an objection can only be interposed at the trial, where the petition fails altogether to state any cause of action and not to the case where a cause of action, is defectively stated.
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Appeal from Nodaway Circuit Court. — Eon. W. 0. Ellison> Judge. “That the petition is insufficient to support a judgment.” Such an objection can only be interposed at the trial, where the petition fails altogether to state any cause of action and not to the case where a cause of action, is defectively stated. Clem v. Eailroad, 74 Mo. 298; Crane v. Eailroad, 78 Mo. 588; Bank v. Leyser, 116 Mo. 51; Hurst v. Ash Grove, 96 Mo. 173. It is the doctrine of this court that it is sufficient to aver that defendant omitted to perform some act in the line of its duty, the non-performance of which caused…
1Opinion of the CourtJohnson, J.
— A stallion and two fillies owned by plaintiff strayed to defendant’s railroad track at a point near the incorporated town of Clyde and were killed by a passing train. Plaintiff brought this suit' to recover single damages for the killing of the animals. The cause was tried to a jury resulting in a verdict and judgment for plaintiff. Afterward the court sustained defendant’s motion for a new trial on the grounds: First. That the petition is insufficient to sustain a judgment. Second. That while there was *411evidence tending to prove the recitals of alleged facts in plaintiff’s instructions…
2Cases cited6 opinions
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Kirkpatrick v. Illinois Southern Railway Co.Missouri Court of Appeals · 1906
- Bridges v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Payne v. CliffordArizona Supreme Court · 1922