Seckinger v. Philibert & Johanning Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowrt. — Hon. Daniel Dillon, Judge. (1) The petition does not state facts sufficient to constitute a cause of action against defendants, for the reasons, viz.: First.
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Appeal from St. Louis City Circuit Cowrt. — Hon. Daniel Dillon, Judge. (1) The petition does not state facts sufficient to constitute a cause of action against defendants, for the reasons, viz.: First. Because recovery is sought on the ground of the defective condition of the gauge and set screws, while the petition does not allege such a defect, nor does it state any fact tending to show that the injuries to plaintiff were caused by the condition of the gauge and set screws, whatever that condition may have been. Waldheier v. Railroad, 71 Mo. 514; Harrison v. Railroad, 74 Mo. 369; Field v.…
1Opinion of the CourtBurgess, J.
An action for damages for personal injuries sustained by plaintiff while in the service of defendant as a moulder' hand in defendant’s planing mill. Plaintiff recovered a judgment for the sum of $5,000 from which defendant appealed.
While no objection was made to the petition before or at the trial, or by motion in arrest, numerous objections as to its sufficiency are made for the first time in this court. It will, therefore, be set out in full. Omitting the formal parts it is as follows:
“Plaintiff states that defendant is and was at the time hereinafter stated a corporation organized and…
2Cases cited17 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Jackson v. HardinSupreme Court of Missouri · 1884
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- Walker v. OwenSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- State v. LioliosSupreme Court of Missouri · 1920
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
21 more not listed; retrieve them via the Exa API.