Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The case and facts are sufficiently stated in the opinion. I. Duplicity is a substantial objection. Sect. 3530, Rev. Stat. Defendant had a right to be informed of the specific neglect, on account of -which a recovery against it was sought. Sects. 3529, 3531, Rev. Stat. ; Attebury v. Powell, 29 Mo. 429. II.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The case and facts are sufficiently stated in the opinion. I. Duplicity is a substantial objection. Sect. 3530, Rev. Stat. Defendant had a right to be informed of the specific neglect, on account of -which a recovery against it was sought. Sects. 3529, 3531, Rev. Stat. ; Attebury v. Powell, 29 Mo. 429. II. Defendant’s objections to the evidence as to whether the crossing was public or private ; or of the condition of the gates ; or of the condition of the fence of the Hannibal & St. Joseph Railroad, should have all been…
1Opinion of the CourtPhilips, P. J.
This is an action based on section *429809, of the Revised Satutes, to recover damages against the defendant, a railroad corporation, for killing three head of cattle, the property of plaintiff. The allegations of the petition are, that the cattle strayed onto the. railroad track where the same passed along and adjoining uninclosed lands and where the defendant had failed and neglected to construct and maintain lawful fences and cattle guards sufficient to prevent cattle from getting on its road. The plaintiff recovered judgment, and the defendant has appealed.
I. It is assigned for error that…
2Cases cited12 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- Boone v. StoverSupreme Court of Missouri · 1877
- State v. WaltersSupreme Court of Missouri · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Dow v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Jenkins v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
- Harris v. Wabash Railway Co.Missouri Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.