Patton v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Dade Circuit Court, — Hpisr. 0. GK Burton, Judge. (1) 44 A petition stating, without any specification of facts, that plaintiff was injured in consequence of. the negligence of the railroad company in using defective machinery, and in running and managing its railway and cars, would be fatally defective, and when such allegations are' used in connection with a specific statement of a cause of aotiony they -do not' enable the plaintiff t'or recover on any cause of…
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Appeal from Dade Circuit Court, — Hpisr. 0. GK Burton, Judge. (1) 44 A petition stating, without any specification of facts, that plaintiff was injured in consequence of. the negligence of the railroad company in using defective machinery, and in running and managing its railway and cars, would be fatally defective, and when such allegations are' used in connection with a specific statement of a cause of aotiony they -do not' enable the plaintiff t'or recover on any cause of action except that specifically stated.” Waldhier r. II. <& St. Jo. Ry. Co., 71 Mo. 514. 4 4 The statement in question…
1Opinion of the CourtBlack, J.
In November, 1880, a fire started on the right of way of the [defendant, and thence spread to plaintiff’s stubble field, which adjoined the railroad, and 'thence continued to his cornfield, destroying his stacks or ricks of unthreshed wheat and oats, and ten or fifteen acres of corn on the stalk. For the damage thus done he sues the defendant, and alleges that through the negligence of defendant’s servants it suffered the right of way to become covered with dry grass, etc., and negligently permitted fire to escape from one of its locomotives, by reason of all of which the property was…
2Cases cited8 opinions
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Flynn v. San Francisco & San Jose RailroadCalifornia Supreme Court · 1870
- Palmer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Coates v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
13 more not listed; retrieve them via the Exa API.