Johnson v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. The plaintiff’s statement was insufficient. It does not directly, or by implication, state tbat the alleged failure to fence in any wise occasioned the injury sued for.
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Appeal from Lafayette Circuit Court. — Hon. J. P. Strother, Judge. The plaintiff’s statement was insufficient. It does not directly, or by implication, state tbat the alleged failure to fence in any wise occasioned the injury sued for. Hudgens v. H. £ St. J. P. R. Co., 79 Mo. 418; King v. C., R. 1. § P. R. R. Co., 79 Mo. 328; Luckie v. Railroad Co., 67 Mo. 245; Cunningham v. Railroad Co., 70 Mo. 202; Bates v. Railroad Co., 74 Mo. 60. Neither is it alleged, nor to be inferred, that the alleged getting upon the track and killing did not occur within the limits of an incorporated town or city.…
1Opinion of the Court
Ewing, C.
This suit was instituted before a justice,of the peace, to recover double damages for the killing of a horse by a locomotive and train of cars of defendant, in August, 1879, upon the following statement:
“ Plaintiff states that the defendant is an incorporated company under the laws of this State, that on the-day of August, 1879, at Lexington township, in Lafayette county, Missouri, at a point on the track of defendant’s railroad in said township, where the same passed along and adjoining inclosed and uninclosed lands, and not at a private or public crossing of said road, the…
2Cases cited2 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
3Cited by11 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
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