Cook v. Hannibal & St. Joe. R. R.
Supreme Court of Missouri
•Appeal from Jackson Circuit Court. I. The judgment is erroneous as being for $542.33, when the damages claimed are only $500. This is an error on the face of the record, and will operate a reversal. (Carr vs. Edwards, 1 Mo. 137; Hayton vs. Hope, 3 Mo. 53 ; Maupin vs. Triplett, 5 Mo. 423 : West, Assignee of Malay, vs. Miles, 9 Mo. 168 ; Cox vs. The City of St. Louis, 11 Mo. 431; Beckwith, Adm’r of Smith, vs. Boyce, 12 Mo. 440 ; Pope vs. Salsman, 35 Mo. 382.) II.
Read the full summary
•Appeal from Jackson Circuit Court. I. The judgment is erroneous as being for $542.33, when the damages claimed are only $500. This is an error on the face of the record, and will operate a reversal. (Carr vs. Edwards, 1 Mo. 137; Hayton vs. Hope, 3 Mo. 53 ; Maupin vs. Triplett, 5 Mo. 423 : West, Assignee of Malay, vs. Miles, 9 Mo. 168 ; Cox vs. The City of St. Louis, 11 Mo. 431; Beckwith, Adm’r of Smith, vs. Boyce, 12 Mo. 440 ; Pope vs. Salsman, 35 Mo. 382.) II. There is no cause of action stated in the respondent’s petition ; hence, the court below erred in not sustaining the appellant’s…
1Opinion of the CourtNapton, Judge
The petition in this case is as follows : “ Plaintiff states that on the 10th of July, 1872, he owned a team of mules and a wagon, worth $500 ; that on or about said date said team was engaged in hauling and depositing rock, under the supervision and directions of defendant, which rock was used by defendant in rip-rapping the bank of the Missouri river., and the said defendant, by its agents and servants so engaged in supervising and directing said work of rip-rapping and hauling, then and there willfully, wrongfully and negligently directed the driving of and conducting of said mules and…
2Cases cited1 opinion
- Whalen v. Centenary Church of the City of St. LouisSupreme Court of Missouri · 1876
3Cited by12 opinions
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- O'Brien v. American Dredging Co.Supreme Court of New Jersey · 1891
- Howard v. Denver & R. G. Ry. Co.U.S. Circuit Court for the District of Colorado · 1886
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
7 more not listed; retrieve them via the Exa API.