Legal Opinion

McPheeters v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 26 opinions

Appeal from Sixth District Court. I. The petition simply alleges a legal conclusion. It does not comply with the practice act (Gen. Stat. 1865, ch. 165, § 8, p. 658). It should allege wherein the appellant was guilty of carelessness and negligence. (Sugg y. Blow, 17 Mo. 359.) II. The second instruction given to the jury at the request of the respondent does not embrace the defense raised by the evidence on behalf of the appellant.

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Appeal from Sixth District Court. I. The petition simply alleges a legal conclusion. It does not comply with the practice act (Gen. Stat. 1865, ch. 165, § 8, p. 658). It should allege wherein the appellant was guilty of carelessness and negligence. (Sugg y. Blow, 17 Mo. 359.) II. The second instruction given to the jury at the request of the respondent does not embrace the defense raised by the evidence on behalf of the appellant. (Bi'ightman v. Eddy, 97 Mass. 478 ; Denny v. Williams, 5 Allen, 1;, Halloran v. New York & Harlem R.R. Co., 2 E. D. Smith, 257 ; People v. Cook, 8 N. Y. 67, 72-5;…

1Opinion of the CourtWagner, Judge

The first question which will be considered is the motion in arrest, made by the appellant, which brings up the sufficiency of the-petition. The action was for negligently killing a cow by the *24locomotive and train on appellant’s road, at a public crossing within the corporate limits of the city of Palmyra. The averment in the petition is that the “ defendant, by its servants and agents, carelessly and negligently, caused one of defendant’s locomotives, with a train of cars attached thereto, to strike a milch cow, the property of plaintiff,” &c. The allegation is that the act was done…

2Cases cited3 opinions

  1. Meyer v. North Missouri RailroadSupreme Court of Missouri · 1864
  2. Garner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863
  3. Price's Heirs v. EvansSupreme Court of Missouri · 1857

3Cited by26 opinions

  1. Sherrill v. WilsonSupreme Court of Missouri · 1983
  2. Lemon v. ChanslorSupreme Court of Missouri · 1878
  3. Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
  4. Ramey v. Missouri Pacific RailroadSupreme Court of Missouri · 1929
  5. Jackson v. FultonMissouri Court of Appeals · 1901

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