Legal Opinion

Foster v. St. Louis, Iron Mountain & Southern Railroad

Missouri Court of Appeals

Decided February 10, 1891Published

Appeal from the Wayne Circuit Court. — Hon. John L. Thomas, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action against defendant, and the verdict is, therefore, invalid. Brassfleld v. Patton, 32 Mo. App. 575. (2) The court erred in refusing to sustain defendant’s demurrer to plaintiff’s evidence, and to give the instructions asked by defendant.

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Appeal from the Wayne Circuit Court. — Hon. John L. Thomas, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action against defendant, and the verdict is, therefore, invalid. Brassfleld v. Patton, 32 Mo. App. 575. (2) The court erred in refusing to sustain defendant’s demurrer to plaintiff’s evidence, and to give the instructions asked by defendant. Townsley v. Railroad, 89 Mo. 33; Clardy v. Railroad, 73 Mo. 576. (3) The court erred in giving the instructions it did to the jury. Lenox n. Harrison, 88 Mo. 496.

1Opinion of the CourtRombauer, P. J.

The plaintiff \s cow was crippled by the defendant’s locomotive, whereupon he brought this action to recover double damages under the provisions of section 809 of the Revised Statutes of 1879. The plaintiff’s statement filed before the justice first states that the cow came upon the track where the railroad runs through uninclosed lands, then negatives that it came upon the track at any place where the railroad was under no obligation to fence, and concludes as follows“That the defendant, on said tenth day of March, 1889, and for a long time prior thereto failed and neglected to keep and…

2Cases cited10 opinions

  1. Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  2. Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
  3. Case v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1882
  4. Wilson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
  5. Vinyard v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883

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