Cunningham v. Dickerson
Missouri Court of Appeals
Appeal from Texas Circuit Court. — How. L. B. Wood-side, Judge. The petition states no cause of action in that it does not allege that plaintiff was the owner of the team alleged to have been damaged. We think this allegation an essential one even under the loose pleadings permissible in a justice’s court.
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Appeal from Texas Circuit Court. — How. L. B. Wood-side, Judge. The petition states no cause of action in that it does not allege that plaintiff was the owner of the team alleged to have been damaged. We think this allegation an essential one even under the loose pleadings permissible in a justice’s court. The supreme court lays down the rule that in cases like this, the measure of damage is the expense incurred by plaintiff in curing the horse of his injuries; the loss of time of said horse whilst so injured and the difference, if any, in the value of the horse now by reason of the injury,…
1Opinion of the CourtBland, P. J.
The suit was begun before a justice of the peace where the following complaint was filed.:
“Plaintiff for cause of action states that on the thirteenth day of May, 1901, he let to the defendant a certain team of horses, for hire, and that defendant, contrary to his duty, drove the horses immoderately and kept them negligently, whereby said horses became sick and permanently diseased. That plaintiff has wholly lost the services of said horses, from the said thirteenth day of May, 1901, to the present time; that plaintiff has *412expended in doctoring said horses the sum of five dollars ; wherefore…
2Cases cited7 opinions
- Streett v. LaumierSupreme Court of Missouri · 1864
- Allen v. McMonagleSupreme Court of Missouri · 1883
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Hoffman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Dietrich v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gilwee v. Pabst Brewing Co.Missouri Court of Appeals · 1917
- Smith v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
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