Christy v. Butcher
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) Proof of negligence necessarily disproves wilfulness, and vice versa, and for this reason they could not be joined in tbe same count. Waechter y. Railroad, 113 Mo. App. 277; Boyd y. Transit Co., 108 Mo. App. 305; Ranting v. Railroad, 157 Mo. 508; Bindbeutal v. Railroad, 43 Mo. App. 463; O’Brien y. Looms, 43 Mo. App. 29. (2) Demurrer available remedy. Boyd v. Transit Co., 108 Mo.
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Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) Proof of negligence necessarily disproves wilfulness, and vice versa, and for this reason they could not be joined in tbe same count. Waechter y. Railroad, 113 Mo. App. 277; Boyd y. Transit Co., 108 Mo. App. 305; Ranting v. Railroad, 157 Mo. 508; Bindbeutal v. Railroad, 43 Mo. App. 463; O’Brien y. Looms, 43 Mo. App. 29. (2) Demurrer available remedy. Boyd v. Transit Co., 108 Mo. App. 305. (3) Motion in arrest available. Clippard v. Transit Co., 202 Mo. 432. (1) As appellant refused to argue the demurrer filed to the amended…
1Opinion of the CourtGray, J.
This is an appeal by the defendant from a judgment of the circuit court of Greene county, in an action instituted by plaintiff to recover damages from the defendant for communicating smallpox to plaintiff and her family. The defendant filéd a demurrer to the petition, and the court overruled the same.
*400The. only issue on this appeal is the action of the court on the demurrer. The petition contains much surplusage and immaterial matter, and would not be attractive to a pleader searching- for “a plain and concise statement of the facts constituting a cause of action without unnecessary…
2Cases cited10 opinions
- Richter v. HarperMichigan Supreme Court · 1893
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Bindbeutal v. Street Railway Co.Missouri Court of Appeals · 1891
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
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3Cited by3 opinions
- Plant v. ThompsonSupreme Court of Missouri · 1949
- Smith v. WadeSupreme Court of the United States · 1983
- Smith v. WadeSupreme Court of the United States · 1983