Forester v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Francois County Circuit Court,. James D. Fox, Judge. The court erred in overruling the-defendant’s objection to the introduction of any evidence, because the petition failed to state facts sufficient to constitute a cause of action against the defendant. Clarkson *. Railroad, 84 Mo. 583 ; Russell v. Railroad, 83 Mo.' 507 ; Boyle n. Railroad, 21 Mo.
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Appeal from the St. Francois County Circuit Court,. James D. Fox, Judge. The court erred in overruling the-defendant’s objection to the introduction of any evidence, because the petition failed to state facts sufficient to constitute a cause of action against the defendant. Clarkson *. Railroad, 84 Mo. 583 ; Russell v. Railroad, 83 Mo.' 507 ; Boyle n. Railroad, 21 Mo. App. 420. The court erred in refusing to give the instruction in the nature of a demurrer to the evidence, asked by the defendant, at the close of the plaintiff’s case. Robinson v. Railroad, 21 Mo. App. 144. The judgment in this…
1Opinion of the CourtRombauer, J.
This is an action brought under section 2124, Revised Statutes, for the killing of the plaintiff’s cow. The case was heretofore before us, and is covered by the opinion of the court in Robinson v. Railroad (21 Mo. App. 141). The two cases being identical in their facts, the opinion filed in the Robinson case was applicable to both, and a mere formal opinion, which is not reported, was filed in this case.
The former judgment was reversed, on the sole •ground that the testimony of the defendant’s station agent was improperly excluded by the court. By that testimony, the defendant offered to…
2Cases cited3 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Robinson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
3Cited by7 opinions
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1896
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Bevis v. Baltimore & Ohio RailroadMissouri Court of Appeals · 1888
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- McKinney v. HarralMissouri Court of Appeals · 1889
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