Comings v. Hannibal & Central Missoum Railroad
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. . I. The court erred in sustaining defendant’s demurrer. The petition is sufficient under section 43 of the act in relation to railroad companies (Wagn. Stat. 310, 6 43 ; Cecil v. Pacific R.R., 47 Mo. 248.) II. The petition is sufficient under the common law, if not under the statute, and the demurrer should have been overruled.
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Error to Hannibal Court of Common Pleas. . I. The court erred in sustaining defendant’s demurrer. The petition is sufficient under section 43 of the act in relation to railroad companies (Wagn. Stat. 310, 6 43 ; Cecil v. Pacific R.R., 47 Mo. 248.) II. The petition is sufficient under the common law, if not under the statute, and the demurrer should have been overruled. (Hewitt v. Harvey, 46 Mo. 369.) I. The petition fails to aver that defendant’s road existed, or that defendant has failed to erect or construct and maintain fences or cattle-guards on the sides of the road of defendant; but, on…
1Opinion of the CourtWagner, Judge
This case was determined in the court below by a demurrer which was sustained to the plaintiff’s petition. It becomes, therefore, necessary to see whether the- petition sets forth a cause of action. In substance, it recites that in June, 1869, plaintiff was the owner and in possession of a farm in Ralls county, at that time divided into fields suitable in size for cultivation, with crops of grass and grain growing thereon, and that the farm and fields were at that time inclosed with a substantial fence ; that at the time above mentioned the defendant, a railroad corporation organized under…
2Cases cited4 opinions
- Clark v. Vermont & Canada RailroadSupreme Court of Vermont · 1855
- Hewitt v. HarveySupreme Court of Missouri · 1870
- Northcraft v. MartinSupreme Court of Missouri · 1859
- Easley v. PrewittSupreme Court of Missouri · 1866
3Cited by9 opinions
- Hines v. McMillanSupreme Court of Alabama · 1920
- Harelson v. TylerSupreme Court of Missouri · 1920
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Kneale v. PriceMissouri Court of Appeals · 1886
- Filler v. Joseph Schlitz Brewing Co.Court of Appeals for the Eighth Circuit · 1915
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