Legal Opinion

Dorman v. Missouri Pacific Ry. Co.

Missouri Court of Appeals

Decided April 13, 1885PublishedCited by 5 opinions

Appeal from Johnson Circuit Court, Hon. Noah M. G-iv an, Judge. The facts sufficiently appear in the opinion of the court. I. • The amended statement does not state facts sufficient to constitute a case of action.

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Appeal from Johnson Circuit Court, Hon. Noah M. G-iv an, Judge. The facts sufficiently appear in the opinion of the court. I. • The amended statement does not state facts sufficient to constitute a case of action. The averments are : “That plaintiff’s cow strayed upon the track of defendant’s railroad at a point in said township where it passed through, along, and adjoining, enclosed and cultivated fields; that at the point where said cow strayed upon said track and was killed, the defendant did not then and there have lawful fences enclosing the sides of said railroad.” Nothing appears from…

1Opinion of the Court

Opinion by

Hall, J.

This case was begun before a justice of the peace.

*339In the circuit court an .amended statement or petition was filed, which, omitting the caption, is. as follows:

That the defendant is now and was at the time hereinafter. stated, a corporation duly organized and acting under the laws of the state of Missouri, and as such ran. and operated a railroad with engines, locomotives and cars thereon, in the town of Madison, county, of Johnson, state of Missouri. That on and prior- to the second day of February, 1882, plaintiff was the owner.of a certain cow of the value of forty (40)…

2Cases cited3 opinions

  1. Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  2. Wade v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  3. Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883

3Cited by5 opinions

  1. Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
  2. McIntosh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
  3. Briscoe v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
  4. Vail v. Kansas CityMissouri Court of Appeals · 1887
  5. Kinney v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887

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