Post v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from the Caldwell Circuit Court. — Hem. Joshua W. Alexander, Judge. (1) Section 592, R. S. 1899, requires “a plain and concise statement of the facts constituting the cause of action. Section 610 requires that “only substantive facts necessary to constitute the cause of action” shall be stated. Section 676 declares it to be the duty of the court “to distinguish between form and substance.”
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Appeal from the Caldwell Circuit Court. — Hem. Joshua W. Alexander, Judge. (1) Section 592, R. S. 1899, requires “a plain and concise statement of the facts constituting the cause of action. Section 610 requires that “only substantive facts necessary to constitute the cause of action” shall be stated. Section 676 declares it to be the duty of the court “to distinguish between form and substance.” Section 659 provides that the court must “disregard any defect in the pleading which shall not affect the substantial right of the adverse party.” Section 629 provides that “in the construction for…
1Opinion of the CourtJohnson, J.
Action to recover damages resulting from personal injuries alleged to have been caused by the negligence of defendant. A demurrer to the petition was sustained by the trial court on the ground that the facts stated constitute no cause of action and plaintiff appealed. The facts pleaded, in substance, are as follows: Plaintiff, a common laborer employed by defendant,, a railway company, while engaged in the task of cutting weeds on defendant’s right of way struck the stalk of a large weed with the cutting edge of the scythe he was wielding’. The blow failed to sever the stalk and its force was…
2Cases cited1 opinion
- Mathis v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1904
3Cited by7 opinions
- Chicago, M. & St. P. Ry. Co. v. MooreCourt of Appeals for the Eighth Circuit · 1909
- Wausau Southern Lumber Co. v. CooleyMississippi Supreme Court · 1922
- Schabbing ex rel. Mayberry v. SeabaughMissouri Court of Appeals · 1965
- Harris v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Braden v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1913
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