Estes v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Morgan Cirenit Court. — Hon, J. E. Uazell, Judge. (1) The court erred in overruling the defendant’s ■objection to require plaintiff to make her petition more ■definite and certain. In truth, a demurrer might well have been lodged against it. There can be no doubt but that it should have been made more definite and certain. 'Gurley v. Railway, 93 Mo. 445; 1 McQuillen, Pleading and Prac., sec. 280; Bedell v. Alexander, 8 Mo. App. 110; G-amage v. Bushell, 1 Mo.
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Appeal from Morgan Cirenit Court. — Hon, J. E. Uazell, Judge. (1) The court erred in overruling the defendant’s ■objection to require plaintiff to make her petition more ■definite and certain. In truth, a demurrer might well have been lodged against it. There can be no doubt but that it should have been made more definite and certain. 'Gurley v. Railway, 93 Mo. 445; 1 McQuillen, Pleading and Prac., sec. 280; Bedell v. Alexander, 8 Mo. App. 110; G-amage v. Bushell, 1 Mo. App. 418; Kerr v. Simons, 82 Mo. 275; Curren v. Railway, 86 Mo. 62; Ben-ham v. Taylor, 66 Mo. App. 311; Wills v. Railway, 44…
1Opinion of the CourtBroaddus, J.
— The plaintiff sues to recover damages, the result of injuries alleged to have been caused by the negligence of defendant’s employees. The petition alleges that on the morning of July 12, 1903, the defendant as a common carrier of passengers undertook for hire to transport plaintiff from Kansas City to Sedalia and return; that the train upon which she was a passenger, when it reached a point between Little Blue and Lee’s Summit stations, on defendant’s railroad, stopped because the engine drawing said train became disabled; that about said time another of defendant’s trains, known as the…
2Cases cited8 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Howard Ex Rel. Howard v. LundryMissouri Court of Appeals · 1979
- Heiberger v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1908
- Estes v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Powell v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.