Quick v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Linn Circuit Cowt. I. The court below erred in overruling the demurrer to the plaintiff’s petition. The petition is not founded on the statute entitled “An act for the better security of life, property and character,” approved 12th December, 1855. Hence the petition is bad, because it does not aver that the injury complained of was occasioned by the negligence or unskilfulness of defendants’ agents or servants in running the locomotive or cars on said railroad.
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Appeal from Linn Circuit Cowt. I. The court below erred in overruling the demurrer to the plaintiff’s petition. The petition is not founded on the statute entitled “An act for the better security of life, property and character,” approved 12th December, 1855. Hence the petition is bad, because it does not aver that the injury complained of was occasioned by the negligence or unskilfulness of defendants’ agents or servants in running the locomotive or cars on said railroad. This court will certainly not permit the plaintiff to avail himself of the provisions of so rigid and extraordinary a…
1Opinion of the CourtNapton, Judge
This petition is deficient. It neither avers negligence nor misfeasance, nor states facts which would render such an averment unnecessary. It is stated that the road was not fenced according to law; but it is not stated that the injury was committed where there was no fence, and where there was no crossing, or one without suitable cattle-guards. The demurrer ought to have been sustained. (Burton v. North Mo. R. R., 30 Mo. p. 372.)
Judgment reversed and case remanded;
Judge Ewing concurs. Judge Scott absent.
2Cited by1 opinion
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