Polhans v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Certified from the St. Louis Court of Appeals. (1) The original complaint stated no canses of action at common law, because it contained no averment of negligence. Negligence is the very gist' and essence of the transaction. Johnson v. Bailroad, 76 Mo. 553; Melvin v. Bailroad, 89 Mo. 106; Clemings v. Bailroad, 21 Mo.
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Certified from the St. Louis Court of Appeals. (1) The original complaint stated no canses of action at common law, because it contained no averment of negligence. Negligence is the very gist' and essence of the transaction. Johnson v. Bailroad, 76 Mo. 553; Melvin v. Bailroad, 89 Mo. 106; Clemings v. Bailroad, 21 Mo. App. 606; Kendig v. Bailroad, 79 Mo. 207; Taylor v. Bailroad, 83 Mo. 386; Bobertson v. Bailraod, 84 Mo. 119; Witting v. Bailroad, 101 Mo. 631. (2) The important ingredients of a cause of action must be in some manner stated, otherwise there is nothing to be amended and nothing to…
1Opinion of the CourtMacfaklane, J.
This suit was commenced before •a justice of the peace to recover damages for destruction of hay, corn and rails belonging to plaintiff by a fire, charged to. have been set by a passing train on defendant’s road. The statement contained no charge of negligence.
Plaintiff recovered judgment before the justice, •and again in the circuit court, from which defendant appealed to the St. Louis court .of appeals where the judgment was affirmed; but that court, believing the •opinion to be in conflict with the case of Clemings v. Railroad, decided by the Kansas City court of appeals (21 Mo. App. 606),…
2Cases cited5 opinions
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Morrow v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Clemings v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1886
- Polhans v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891
3Cited by5 opinions
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Hall v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
- Collins v. BurrusMissouri Court of Appeals · 1896
- Tockstein v. BimmerleMissouri Court of Appeals · 1910
- Henry Bromschwig Tailors' Trimming Co. v. Missouri , Kansas & Texas Railway Co.Missouri Court of Appeals · 1912