Clem v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The first count of tlxe petition does not state facts sufficient to constitute a cause of action. It nowhere states in what manner the fences and cattle guards were defective. It merely alleges that the company failed to keep and maintain lawful fences and cattle guards. This is the statement of a legal conclusion and does not help the petition. Pattison’s Mo.
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Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The first count of tlxe petition does not state facts sufficient to constitute a cause of action. It nowhere states in what manner the fences and cattle guards were defective. It merely alleges that the company failed to keep and maintain lawful fences and cattle guards. This is the statement of a legal conclusion and does not help the petition. Pattison’s Mo. Code Plead., secs. 34, 108, 109, 131, 144; Pomeroy’s Bern, and Bern. Bights, sec. 529; Bank v. Mulhall, 8 Mo. App. 558; Hart v. Wire Co., 91 Mo. 414. (2) Wherever a…
1Opinion of the CourtJohnson, J.
In the first count of the petition plaintiff seeks to recover double damages under the provisions of section 1105, Revised Statutes 1899, for the killing of two horses by defendant. He had judgment on this count in the sum of $470, double the amount of the verdict returned, and defendant appealed. In addition plaintiff had judgment on the causes of action pleaded in the remaining two counts of the petition, but defendant does not claim that error was committed in the trial of either of them and our inquiry will be confined to the cause pleaded in the first count.
First, it is insisted by…
2Cases cited9 opinions
- Munchow v. MunchowMissouri Court of Appeals · 1902
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Carroll v. CampbellSupreme Court of Missouri · 1892
- Fugate v. CarterSupreme Court of Missouri · 1840
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3Cited by2 opinions
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Montgomery v. Deering Southwestern Railway Co.Missouri Court of Appeals · 1917