Williams v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Dade Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in striking out that portion of defendant’s answer pleading the statute of limitations of the state of Kansas, for the reasons: First. The statute of limitations of Kansas not only bars the remedy but extinguishes the right. Taylor v. Miles, 5 Kan. 498; Chicks v. Willetts, 2 Kan. 384; Bobbins v. Sackett, 23 Kan. 302; Railroad v. Burlingame, 36 Kan. 633; Sibertv. Wilder, 16 Kan. 176; Rorkv.
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Appeal from Dade Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in striking out that portion of defendant’s answer pleading the statute of limitations of the state of Kansas, for the reasons: First. The statute of limitations of Kansas not only bars the remedy but extinguishes the right. Taylor v. Miles, 5 Kan. 498; Chicks v. Willetts, 2 Kan. 384; Bobbins v. Sackett, 23 Kan. 302; Railroad v. Burlingame, 36 Kan. 633; Sibertv. Wilder, 16 Kan. 176; Rorkv. B. of Co. Com., 46 Kan. 175; Culp v. Culp, 32 Pac. Rep. (Kan.) 1118. Second. Defendant was not at any time without the state…
1Opinion of the CourtGantt, P. J.
— This action was commenced in Greene county, Missouri, December 20, 1889, and change of venue awarded to Dade county.
The suit is to recover damages for personal injuries received by the plaintiff in a wreck of defendant’s train at High Lonesome Hill, near Severy, Kansas, January 1, 1885.
The amended petition on which the case was tried alleged that defendant was a railroad corporation organized under the laws of Missouri owning and operating a line extending from Wichita, Kansas, to Springfield, Missouri; that plaintiff was an express messenger in the employ of the Adams Express Company, and…
2Cases cited18 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Pritchard v. NortonSupreme Court of the United States · 1882
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Amy v. DubuqueSupreme Court of the United States · 1879
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- Cunnien v. Superior Iron Works Co.Wisconsin Supreme Court · 1921
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Gross v. WattsSupreme Court of Missouri · 1907
- Jenkins v. ThompsonSupreme Court of Missouri · 1952
18 more not listed; retrieve them via the Exa API.