Bryan v. Louisville & Nashville Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Victor H. FaVkenhainer, Judge. (1) The italicized allegation, contained in the fourth paragraph of the amended petition, to the effect that the defendant, “in the late summer of the year 1918, took up and removed the tracks of said railroad south from said orchards,” should not have been ordered struck out. (2) The amended petition states facts sufficient to constitute a cause of action for fraud, or deceit.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Victor H. FaVkenhainer, Judge. (1) The italicized allegation, contained in the fourth paragraph of the amended petition, to the effect that the defendant, “in the late summer of the year 1918, took up and removed the tracks of said railroad south from said orchards,” should not have been ordered struck out. (2) The amended petition states facts sufficient to constitute a cause of action for fraud, or deceit. The stated facts show that defendant assumed or incurred the obligation of a legal duty toward plaintiff not to entrap or mislead him, as…
1Opinion of the CourtElder, J.
Statement. This is an appeal from a judgment rendered by the Circuit Court of the City of St. Louis dismissing plaintiff’s suit against defendant after the third demurrer filed in the cause had been sustained upon the ground that a third amended petition failed to state facts sufficient to constitute a cause of action. The demurrers to the first and. second amended petitions had been upheld upon the same ground with respect to which the third demurrer was sustained. Prior to sustaining the first demurrer filed, the court had ordered a portion of the first amended petition stricken out. The…
2Cases cited16 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Jones v. Newport News & M. V. Co.Court of Appeals for the Sixth Circuit · 1895
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Texas & P. Ry. Co. v. ScottCourt of Appeals for the Fifth Circuit · 1896
- Heman v. GlannSupreme Court of Missouri · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1930
- Reed v. CookeSupreme Court of Missouri · 1932
- Yerington v. RissSupreme Court of Missouri · 1964
- Harper v. St. Joseph Lead Co.Supreme Court of Missouri · 1950
- Kelley v. Illinois Central Railroad CompanySupreme Court of Missouri · 1943
3 more not listed; retrieve them via the Exa API.