Legal Opinion

Anderson v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 22, 1906PublishedCited by 5 opinions

Appeal from Cooper Circuit Court.— Hon. ■ Jas. E. Hasell, Judge. (1) The court erred in refusing to sustain defendant’s objection to the introduction of any evidence. The petition is fatally defective. It states no act of negligence against defendant. General averments of negligence will not meet the requirements of the law.

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Appeal from Cooper Circuit Court.— Hon. ■ Jas. E. Hasell, Judge. (1) The court erred in refusing to sustain defendant’s objection to the introduction of any evidence. The petition is fatally defective. It states no act of negligence against defendant. General averments of negligence will not meet the requirements of the law. Gurley v. Railroad, 93 Mo. 450; Waldhier v. Railroad, 71 Mo. 514; Harrison v. Railroad, 74 Mo. 364; Edens v. Railroad, 72 Mo. 212; Troth v. Norcross, 11 Mo. 630; Jacquin v. Railroad, 57 Mo. App. 340; Leslie v. Railroad, 88 Mo. 50; Marshall v. Railroad, 78 Mo. 610; Pier v.…

1Opinion of the CourtFox, J.

There was a verdict and judgment for the plaintiff in the Cooper Circuit Court, and this cause :is here upon appeal by defendant. The judgment in *446this cause is predicated upon the following acts of negligence complained of in the petition filed by plaintiff:

“Plaintiff states that she is the widow of Robert Anderson, deceased. That the defendant is and was at the time hereinafter mentioned a corporation duly organized and existing under and by virtue of the laws of the State of Missouri, and as such running and operating a railroad in said State through and from the city of Nelson, in Saline…

2Cases cited11 opinions

  1. Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
  2. Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  3. Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  4. Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  5. King v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
  2. Gegere v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1928
  3. Peters v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
  4. Palmer v. Chicago & Alton RailroadMissouri Court of Appeals · 1909
  5. Cornell v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1910

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