Martin v. Butler County Railroad
Missouri Court of Appeals
Appeal from Butler County Circuit Court. — lion. J. P. Foard, Judge. A general averment of negligence, in a common law action for negligence, without stating wherein, and in what acts the negligence consists is fatally defective, and does not state a cause of action. Waldheier v. Railroad, 71 Mo. 514; Current v. Railroad, 86 Mo. 67; Summers v. Transit Co., 108 Mo.
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Appeal from Butler County Circuit Court. — lion. J. P. Foard, Judge. A general averment of negligence, in a common law action for negligence, without stating wherein, and in what acts the negligence consists is fatally defective, and does not state a cause of action. Waldheier v. Railroad, 71 Mo. 514; Current v. Railroad, 86 Mo. 67; Summers v. Transit Co., 108 Mo. App. 321; Gurley v. Railroad, 93 Mo. 551. Where stock is killed within the limits of an incorporated city or town, or at any other place where the law does not require the railroad company .to fence its road, before the plaintiff is…
1Opinion of the CourtSturgis, J.
This case must be reversed for the reason that it originated before a justice of the peace in Poplar Bluff township in Butler county, Missouri, and the allegation is that plaintiff’s cow was killed by defendant in Ash Hill township, in said county, and that these two townships adjoin each other; but there is no proof whatever of this latter- fact. It has been ruled in this State time and time again that under our statute where a suit for killing stock is brought against a railroad in a township other than the one in which the animal was killed, the fact that such townships adjoin is…
Also in this document: Concurrence.
2Cases cited21 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by3 opinions
- England v. HouserMissouri Court of Appeals · 1914
- Cornett v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Chapman v. American Creosoting Co.Missouri Court of Appeals · 1926