Damhorst v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Liibke, Judge. Defendant’s motion to dismiss should have been sustained. The summons does not contain a description of the nature of the accident, as required by statute. R. S. 1879, sec. 2858 ; Hillv. Ore Co., 90 Mo. 105; Bradenburger v. Easley, 78 Mo. 660. The defendant’s objection to the introduction of any evidence under the petition because it fails to state a cause of action, should have prevailed.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Liibke, Judge. Defendant’s motion to dismiss should have been sustained. The summons does not contain a description of the nature of the accident, as required by statute. R. S. 1879, sec. 2858 ; Hillv. Ore Co., 90 Mo. 105; Bradenburger v. Easley, 78 Mo. 660. The defendant’s objection to the introduction of any evidence under the petition because it fails to state a cause of action, should have prevailed. Gurley v. Railroad, 93 Mo. 445. As the accident occurred between streets (and not at a crossing where the rights of the public…
1Opinion of the CourtPeers, J.
This is an action for damages commenced before a justice of the peace in the city of St. Louis, where by default the respondent had judgment for two hundred and fifty dollars, the full amount of his claim. Motion to set aside the default being overruled the defendant appealed to the circuit court. Defendant filed a motion to dismiss the cause for the reason that the summons does not state the nature of the suit, which was by the court overruled. Defendant then objected to the introduction of any evidence under the petition because it fails to state a cause of action, which was also overruled…
2Cases cited9 opinions
- Groll v. TowerSupreme Court of Missouri · 1884
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Covey v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- DeSteiger v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
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3Cited by1 opinion
- Hignett v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1928