Melvin v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. C. 0. Bland, Judge. (1) The court erred in overruling defendant’s motion to require plaintiff to make Ms petition more specific- and certain. Defendant liad a right, when .properly asked for, to have the occurrence of the negligence confined within reasonable bounds. It was easy for plaintiff' to have stated this. It was all important to defendant-to have it done. AUerby n.
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Appeal from Phelps Circuit Court. — Hon. C. 0. Bland, Judge. (1) The court erred in overruling defendant’s motion to require plaintiff to make Ms petition more specific- and certain. Defendant liad a right, when .properly asked for, to have the occurrence of the negligence confined within reasonable bounds. It was easy for plaintiff' to have stated this. It was all important to defendant-to have it done. AUerby n. Powell, 29 Mo. 429; State-v. Sherman, 42 'Mo. 210. (2) Error was committed in submitting to the jury evidence that defendant was-guilty of negligence in permitting dry grass to…
1Per curiam
The complaint states “That defendant, in said month of May, through its agents and. servants, negligently permitted fire to escape from defendant’s engines upon said road, whereby fire was communicated to plaintiff’s fence,” etc. No reason is assigned by the plaintiff why he could not state with more certainty the time when the fire escaped from the-engine. Reason and justice dictate that the ■ complaint should be more specific in this respect, to the end that the defendant maybe able to determine who of its agents-were in charge of the train, and thereby prepare for the-trial of the issues.…
2Cases cited1 opinion
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by8 opinions
- Faught v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1959
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Welsh v. StewartMissouri Court of Appeals · 1888
- O'Brien v. LoomisMissouri Court of Appeals · 1890
- Colliott v. American Manufacturing Co.Missouri Court of Appeals · 1897
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