Harris v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. There was an improper misjoinder of two separate and independent causes of action in the third count of plaintiff’s petition, and this defect was properly taken advantage of by the defendant.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. There was an improper misjoinder of two separate and independent causes of action in the third count of plaintiff’s petition, and this defect was properly taken advantage of by the defendant. McCoy v. Yearger, 34 Mo. 134; Otis v. Bank, 35 Mo. 128; Hoagland v. Railroad, 39 Mo. 451; Bank v. Bayliss, 41 Mo. 275; Buckie v. Railroad, 67 Mo. 245; Barker v. Bodes, 79 Mo. 88; Christal v. Craig, 80 Mo. 371; Brown v. Railroad, 20 Mo. App. 427; Offield v. Railroad, 22 Mo. App. 607; Fadley v. Smith, 23 Mo. App. 87. There was no misjoinder…
1Opinion of the CourtGill, J.
This cause was tried in the circuit court on the petition of plaintiff, the substance thereof reading as follows: “ Plaintiff states that on the third day of October, 1890, in said county and state, at a point on the track of defendant’s said railroad where the same passes along and through and adjoining inclosed and cultivated fields, and at a point where defendant’s said railroad was not fenced with a good and sufficient fence, gates and cattle-guards, and where the defendant was required to maintain sufficient fences, gates and *127■cattle-guards, the defendant negligently and carelessly…
2Cases cited3 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Fadley v. SmithMissouri Court of Appeals · 1886
3Cited by6 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Matz v. Chicago & A. R.U.S. Circuit Court for the District of Western Missouri · 1898
- Scott v. TaylorSupreme Court of Missouri · 1910
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