Summers v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case is stated in the opinion. I. The court erred in overruling defendant’s objection to any evidence on plaintiff’s part. The complaint did not state facts sufficient to constitute a cause of action under the “statute.
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Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case is stated in the opinion. I. The court erred in overruling defendant’s objection to any evidence on plaintiff’s part. The complaint did not state facts sufficient to constitute a cause of action under the “statute. Rev. Stat., sec. 809 ; Pier v. Heinrichoffen, 52 Mo. 336; Rev. Stat., sec. 3511 ; Aulmehon v. Railroad, 52 Mo. 522 ; Asher v. Railroad, 79 Mo. 432 ; Kennayde v. Railroad.45 Mo. 258 ; State to use v. OlarTc, 42 Mo. 522-3, and cases cited; State ex rel. v. Williams, 77 Mo. 467. It did not state a cause of action at…
1Opinion of the CourtHall, J.
This was an action under section 809, Revised Statutes, begun before a justice of the peace, for the recovery of double damages for the killing by defendant of plaintiff’s mare.
It was necessary for the statement or petition to allege, by direct averment or necessary implication, that the plaintiff’s mare got upon the defendant’s railroad track at a point where, by the law, the defendant was required to erect and maintain fences. Manz v. Rail*44road, 87 Mo. 281; McIntosh v. Railroad, 26 Mo. App. 381. It was held that the petition may make said allegations in the words of the statute, imposing the…
2Cases cited11 opinions
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Williams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Morrow v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Dorman v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
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3Cited by4 opinions
- Brassfield v. PattonMissouri Court of Appeals · 1888
- Creason v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Marion v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Jenkins v. Chicago & Alton RailroadMissouri Court of Appeals · 1888