Ely v. St. Louis, Kansas City & Northern Railway Co.

This is an action for personal injuries to Josephine Ely, commenced in the circuit court of Carroll county, and moved by change of venue to Livingston, where upon a trial of the cause plaintiffs obtained judgment, from which defendant has appealed.

Omitting the formal parts of the petition, after alleging that said Josephine Ely was a passenger on defendant’s train, it avers as the cause of action the following: That *35at a point in Chariton county on defendant’s road near Salisbury, there had been, on the evening of September 5th, aforesaid, a flood in the water courses along the line of said…