Price v. St. Louis, Kansas City & Colorado Railroad
Missouri Court of Appeals
Appeal from Morgan Circuit Court. — Hon. William H. Martin, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action under section 1105, Revised Statutes 1899, upon which it is based. 8 Am. and Eng. Ency. Law (2 Ed.), p. 428; Mangold v. Railroad, 116 Mo. App. 606; McNear v. Railroad, 42 Mo.
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Appeal from Morgan Circuit Court. — Hon. William H. Martin, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action under section 1105, Revised Statutes 1899, upon which it is based. 8 Am. and Eng. Ency. Law (2 Ed.), p. 428; Mangold v. Railroad, 116 Mo. App. 606; McNear v. Railroad, 42 Mo. App. 18; Barnett v. Railroad, 68 Mo. 62. (1) The petition in this cause states a good cause of action, under the repeated decisions of the appellate courts of this State. R. S. 1899, sec. 1105. ’ Sheridan v. Railroad, 56 Mo. App. 68; Quantock v. Railroad, 117 Mo. App. 469.…
1Opinion of the CourtJohnson, J.
Defendant railroad company acquired, by condemnation proceedings, a right of way over plaintiff’s farm in Franklin county, laid its track thereon, began the operation of the railroad and for more than three months after completion of the road, failed to put in a necessary farm crossing for plaintiff. The road bisected the farm, and the absence of a crossing caused plaintiff much inconvenience and expense in farming the land north of the track.' He brought suit against defendant to recover damages for the injury thus inflicted and obtained judgment in the trial court in the sum of two hundred…
2Cases cited8 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Trice v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- State v. MaupinSupreme Court of Missouri · 1874
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