Currell v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Row. A. D. ' Burnes, Judge. (1) The defendant’s objection to any evidence under the petition should have been sustained. (2) The defendant’s demurrer should have been sustained. The evidence for plaintiff failed to establish a promise or agreement on defendant’s part to have the cars at the station at one o ’clock in the morning. The language detailed in evidence was not an undertaking to have the cars there at one o ’clock a. m.
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Appeal from Clinton Circuit Court. — Row. A. D. ' Burnes, Judge. (1) The defendant’s objection to any evidence under the petition should have been sustained. (2) The defendant’s demurrer should have been sustained. The evidence for plaintiff failed to establish a promise or agreement on defendant’s part to have the cars at the station at one o ’clock in the morning. The language detailed in evidence was not an undertaking to have the cars there at one o ’clock a. m. Johnson v. McCune, 21 Mo. 211; s. c. 27 Mo. 181; Land Co. v. Pitt, 114 Mo. 135; Land Co. v. Hanna, 126 Mo. 5. (3) There was no…
1Dissent
DISSENTING OPINION.
SMITH, P. J.
— After this cause was first argued and submitted I wrote an opinion as that of the.court affirming the judgment, but as my associates became dissatisfied with it the foregoing opinion was written by one and concurred in by the other, in which a conclusion is reached at variance with that expressed by me and to which latter I feel constrMned to still adhere.
I must think that this opinion of the majority results from a misconception and misapplication of the rule of express aider — a rule of pleading, both under the code and common law, which is to' the effect…
2Cases cited9 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Henry v. SneedSupreme Court of Missouri · 1889
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Stivers v. HorneSupreme Court of Missouri · 1876
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
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