O'Brien v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Eon. Jno. W. McElhinney; Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. It is felo de se. Raming v. Railroad, 157 Mo. 508; White v. Railroad, 202 Mo. 562; Jordan v. Railroad', 202 Mo. 425; Beben v. Railroad, 186 Mo. 430. The wording of the statute is, “occasioned by the negligence, unskilfulness or criminal intent,” etc.
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Appeal from St. Louis County Circuit Court. — Eon. Jno. W. McElhinney; Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action. It is felo de se. Raming v. Railroad, 157 Mo. 508; White v. Railroad, 202 Mo. 562; Jordan v. Railroad', 202 Mo. 425; Beben v. Railroad, 186 Mo. 430. The wording of the statute is, “occasioned by the negligence, unskilfulness or criminal intent,” etc. Criminal intent embodies tbe idea ■ of wantonness and wilfulness. It is the intentional doing of an unlawful act without legal justification or excuse. The averments in the…
1Opinion of the CourtWoodson, J.
— This case was here once before, on a former appeal, and is reported in 185 Mo. 263. The pleadings are the same now as they were then; but they were not set out in that opinion; but since the sufficiency of the petition has been assailed in this appeal, we will have to give it space in this statement, which is as follows (caption and signatures omitted):
‘ ‘ The plaintiff states that the defendant is and at the times herein stated was a corporation by virtue of the law of Missouri, and owned, used and operated the railway and car herein described for the purpose of carrying passengers for…
2Cases cited3 opinions
- Ruter v. FoySupreme Court of Iowa · 1877
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Wetherell v. PattersonSupreme Court of Missouri · 1862
3Cited by19 opinions
- Kansas City v. RathfordSupreme Court of Missouri · 1945
- Evans v. Illinois Central RailroadSupreme Court of Missouri · 1921
- Eoff v. SenterMissouri Court of Appeals · 1958
- State Ex Rel. Kurn v. HughesSupreme Court of Missouri · 1941
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
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