Wisdom v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court, Host. Andrew Ellison, Judge. The facts are sufficiently stated in the opinion of the court. I. The ordinance was properly pleaded, but there was no averment that the city was incorporated, or that it had authority to pass such ordinance ; nor was such charter referred to in the petition by its title and the day of its passage. Therefore, the petition did not state a cause of action.
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Appeal from Macon Circuit Court, Host. Andrew Ellison, Judge. The facts are sufficiently stated in the opinion of the court. I. The ordinance was properly pleaded, but there was no averment that the city was incorporated, or that it had authority to pass such ordinance ; nor was such charter referred to in the petition by its title and the day of its passage. Therefore, the petition did not state a cause of action. Sect. 3549, Rev. Stat.; Inhabitants of Butler v. Robinson, 75 Mo. 194; Apitz v. Ry. Co., 17 Mo. App. 419. II. The court admitted incompetent testimony. The charter of the city of…
1Opinion of the CourtEllison, J.
This action is for killing plaintiff’s cow within the corporate limits of the town of Macon, which town is incorporated under a charter not declared *?to be a public act. Ordinances regulating speed of trains through said town and requiring the ringing of the bell and the whistle to be sounded, were properly pleaded, but nothing whatever is stated or averred as to the charter. The action is based solely on account of defendant failing to meet the requirement of these ordinances. The following is the concluding portion of the statement: “That on said ninth day of April,. 1881, defendant, by…
2Cases cited3 opinions
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Register v. HensleySupreme Court of Missouri · 1879
- Apitz v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by2 opinions
- Golden v. City of ClintonMissouri Court of Appeals · 1893
- Baker v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889