Russell v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. The second count in the petition did not state a cause of action. It does not show even inferentially that the horse got upon the track by reason of a failure to fence or that the defendant was under any obligation to fence at the point where it was injured.
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Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. The second count in the petition did not state a cause of action. It does not show even inferentially that the horse got upon the track by reason of a failure to fence or that the defendant was under any obligation to fence at the point where it was injured. Johnson v. R. R., 76 Mo. 553 ; Field v. R. R., 76 Mo. 614. The petition states a good cause of action under R. S., sec. 2124. Kennayde v. R. R., 45 Mo. 225. It was not necessary for respondent to repeat in the second count the allegation of the incorporation of defendant or of…
1Opinion of the Court
Philips, C.
This is an action to recover from the defendant, a railroad corporation, damages alleged to have been done by defendant’s cars, etc., to the horse of plaintiff in Clay county. The petition contained three ■counts. The first was based on what is commonly known as the double liability section of the statute, and contained the necessary averments touching the existence of *509defendant as a corporation, and the circumstances of the injury, so far as to bring the action within the provisions of said section.
The second count was for single damages and is as follows : ‘‘ Plaintiff further…
2Cases cited5 opinions
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Aull Savings Bank v. City of LexingtonSupreme Court of Missouri · 1881
- State ex rel. Ladd v. ClarkSupreme Court of Missouri · 1868
3Cited by17 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Gregory v. WabashMissouri Court of Appeals · 1886
- Warren v. American Car & Foundry Co.Supreme Court of Missouri · 1931
- Williams v. Kansas City, Clay County & St. Joseph Railway Co.Missouri Court of Appeals · 1928
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