Calvert v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Shelby Circuit Court. The petition was as follows : Plaintiff states that defendant is a corporation created by an act of the General Assembly of the State of Missouri, entitled “ An act to incorporate the Hannibal and St. Joseph Eailroad Company,” approved February 16,1847 ; and as such did, on or about the 15th day of April, 1859, in the county of Shelby aforesaid, by their agents, servants, locomotives and railroad cars, negligently and carelessly run over,…
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Appeal from Shelby Circuit Court. The petition was as follows : Plaintiff states that defendant is a corporation created by an act of the General Assembly of the State of Missouri, entitled “ An act to incorporate the Hannibal and St. Joseph Eailroad Company,” approved February 16,1847 ; and as such did, on or about the 15th day of April, 1859, in the county of Shelby aforesaid, by their agents, servants, locomotives and railroad cars, negligently and carelessly run over, maim and kill, certain cattle belonging to plaintiff, to-wit, one cow of the value of twenty-five dollars, and one heifer…
1Opinion of the CourtDryden, Judge
The petition in this case contains a clear and concise statement of the facts, imposing a common law liability upon the appellant for the alleged negligence of its agents. But this is not enough for the appellant, who insists that the petition is bad because it does not likewise aver the facts necessary to create a statutory liability, and for this cause moves in arrest of judgment. It is unjust to the public that the time of the courts should be occupied in the consideration of a question so utterly devoid of merit.
There is nothing in the objection. The judgment, however, must be reversed.
The…
2Cited by8 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
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