Chaney v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court, IIon. G-eo. W. Dunn, J. The facts sufficiently appear in the opinion of the court. I. The statement does not aver facts sufficient to constitute any cause of action, ijnder section 809, Revised Statutes, Missouri, 1879. It cannot even be inferred from the statement that the killing was occasioned by failure of defendant to fence.
Read the full summary
Appeal from Clinton Circuit Court, IIon. G-eo. W. Dunn, J. The facts sufficiently appear in the opinion of the court. I. The statement does not aver facts sufficient to constitute any cause of action, ijnder section 809, Revised Statutes, Missouri, 1879. It cannot even be inferred from the statement that the killing was occasioned by failure of defendant to fence. Bates v. R. R.. 74 Mo. 60; Schulte v. R. R., 76 Mo. 824; Asher r>. R. R., 79 Mo. 432 ; Dryden v. Smith, lb. 525; Morrow v. Missouri Pacific R. R., supreme court Mo., not yet reported. II. Where an action is brought, even against a…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action to recover damages for injury to plaintiff’s mare, alleged to have been inflicted by defendant’s train of cars at a point on the road where it was not fenced and not at a public crossing. The statement is as follows, the action being instituted in a justice’s court in an adjoining township to that in in which the injury occurred :
“ Plaintiff states that the defendant is a corporation, operating a railroad under and by virtue of the laws of the state of Missouri; that heretofore, to-wit, on or about the third day of February, 1880, in the township of…
2Cases cited4 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Connor v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1875
- In re the Estate of BominoSupreme Court of Missouri · 1884
- Creason v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by1 opinion
- Trimble v. ElkinMissouri Court of Appeals · 1901