Sinclair v. Missouri, Kansas, & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — 'Hon. J. A. Hockaday, Judge. (1) The court erred in admitting the testimony of plaintiff concerning two distinct causes of action under the first count, and in admitting his testimony, which was mere hearsay and conclusion, and then erred farther in refusing to strike out such testimony on the defendant’s motion.
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Appeal from the Boone Circuit Court. — 'Hon. J. A. Hockaday, Judge. (1) The court erred in admitting the testimony of plaintiff concerning two distinct causes of action under the first count, and in admitting his testimony, which was mere hearsay and conclusion, and then erred farther in refusing to strike out such testimony on the defendant’s motion. (2) The hogs sued for in the first count were shown to have been killed in different collisions, and therefore there were two distinct causes of action which could not be united in the same count. Bricher v. B. B., 83 Mo. 391. And because the…
1Opinion of the CourtSmith, P. J.
This is an action based on section 2611, Revised Statutes, to recover damages for killing three hogs.
The original petition was in two counts, the first of which alleged that at the time of the injury therein complained of the defendant was a legally organized corporation operating a line of railway running through Howard county, in this state, and that on a certain day therein mentioned two hogs of the plaintiff escaped from plaintiff’s premises and entered upon defendant’s right of way at a point where its railroad runs through inclosed fields, farming and cultivated land, and where the same…
2Cases cited13 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by3 opinions
- Bergman v. K.O.T.M.Missouri Court of Appeals · 1920
- Harris v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Bergman v. Supreme Tent, Knights of the Maccabees of the WorldMissouri Court of Appeals · 1920