Smith v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The case is stated in the opinion. I. The defendant’s objections to the introduction of any evidence should have been sustained. There is no allegation in the petition that, at the place where the injury occurred, the defendant might or could have fenced.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The case is stated in the opinion. I. The defendant’s objections to the introduction of any evidence should have been sustained. There is no allegation in the petition that, at the place where the injury occurred, the defendant might or could have fenced. It is necessary to allege this in order to state a .causé of action under section 2124, Revised Statutes. .iQlarlcson ®. Railroad, 84 Mo. 583; Edwards ®. Railroad, 66 Mo. 567; Wymore ®. Railroad, 79 Mo. 247; Russell ®. Railroad, 83 Mo. 507; Boyle ®. Railroad, 21 Mo. App. 416. II.…
1Opinion of the CourtPhilips, P. J.
This action was instituted in the ■circuit court of Jackson county. The petition, in substance, is as follows: The plaintiff states- that the defendant is a corporation, duly incorporated under the laws of the state of Missouri, and conducting business as such as a common carrier in running trains back :and forth on its road in said state, and was so engaged ■on — day of December, 1884, and that, on the said day, the cars, locomotive, or other carriages of this defendant ran upon and over four head of horses, the property of this plaintiff, at a portion of said road in Jackson •county,…
2Cases cited4 opinions
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Michael v. JonesSupreme Court of Missouri · 1884