White v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the Jades on Circuit Court. — Hon. Turnee A. Q-ill, Judge. (1) The petition does not state a cause of action, and the court erred in overruling defendant’s objection to the introduction of any evidence by the plaintiff. Railroad v. Stupak, 28 A. & E. R. R. Cases, 823; Bell r. Railroad, 86 Mo. 211; 2 Thompson on Negligence, 1253, 1254; Hughes r.
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Appeal from the Jades on Circuit Court. — Hon. Turnee A. Q-ill, Judge. (1) The petition does not state a cause of action, and the court erred in overruling defendant’s objection to the introduction of any evidence by the plaintiff. Railroad v. Stupak, 28 A. & E. R. R. Cases, 823; Bell r. Railroad, 86 Mo. 211; 2 Thompson on Negligence, 1253, 1254; Hughes r. Railroad, 8 W. Rep. 104. (2) Specific acts of negligence were alleged in the petition as the occasion of plaintiff’s injury, but the recovery was had upon other facts not pleaded. Wald-heir r. Railroad, 71 Mo. 574; Werner v. Railroad, 81…
1Opinion of the CourtSmith, P. J.
This was an action instituted to recover the sum of twenty thousand dollars on account of personal injuries alleged to have been received by the plaintiff at a street-crossing in the city of Moberly by being struck by a moving train on the railroad of defendant. The petition was as follows :
Plaintiff states that the defendant is and was, at the dates hereinafter mentioned, a corporation, operating, managing, controlling and running trains of cars on a certain line of railroad, in and through the state of Missouri, from the city of St. Louis, in Missouri, to the City of Kansas, in Jackson…
2Cases cited19 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
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3Cited by3 opinions
- Thompson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
- Duncan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Warmington v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891