Stewart v. St. Louis-San Francisco Railway Co.

LINDSAY, C.

The trial court sustained defendant’s demurrer to plaintiff’s amended petition. Plaintiff refused to plead further, and appealed from the judgment entered upon the demurrer.

The sufficiency of the petition to state a cause of action is the sole question in the appeal. The petition is as follows:

“Plaintiff for his cause of action against the defendant and for his second amended petition herein alleges that the defendant is and was at all times hereinafter mentioned a railroad corporation organized and existing under and by virtue of the laws of the State of Missouri, with a line of…