LeMay v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. PI. Slover, Judge. (1) The defendant’s objection to the introduction of any evidence should have been sustained. The petition “should have set forth, with a reasonable degree of particularity, the acts which it was intended to be shown were negligently done.” Gurley v. Railroad, 93 Mo. 451. This was not done.
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Appeal from Jaclcson Circuit Court. — Hon. J. PI. Slover, Judge. (1) The defendant’s objection to the introduction of any evidence should have been sustained. The petition “should have set forth, with a reasonable degree of particularity, the acts which it was intended to be shown were negligently done.” Gurley v. Railroad, 93 Mo. 451. This was not done. The petition only charged that deceased “ was by the carelessness, negligence and unskilfulness of defendant’s officers, agents, servants and employes, while running, conducting and managing certain cars, run over by two of said cars.” “A…
1Opinion of the CourtSherwood, P. J.
Action by the widow of Frank LeMay to recover $5,000 for the death of her husband. In her petition she charged that her husband was on one of the defendant’s railroad tracks by license and permission, and that while on said track, “by the carelessness, negligence and unskilfulness of the defendant, its officers, agents, servants and employes, while running, conducting and managing certain cars, was run over by two cars of said defendant, and which cars were, at the time they ran over the said Frank LeMay, carelessly, negligently and unskilfully conducted and managed by said defendant, its…
2Cases cited4 opinions
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by25 opinions
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
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