Clemings v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Platte Circuit Court, Hon. G-eorge W. Dunn, Judge. ¿Statement of case by the court. This suit was brought originally before a justice of jfche peace upon the following statement: “Plaintiff states that the defendant is a corporation duly * * * under the name and style of the Chicago, Rock Island & Pacific Railroad Company, and is the owner of that certain railroad which passes through the township of Preston, in the county and state aforesaid, known as the…
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Appeal from Platte Circuit Court, Hon. G-eorge W. Dunn, Judge. ¿Statement of case by the court. This suit was brought originally before a justice of jfche peace upon the following statement: “Plaintiff states that the defendant is a corporation duly * * * under the name and style of the Chicago, Rock Island & Pacific Railroad Company, and is the owner of that certain railroad which passes through the township of Preston, in the county and state aforesaid, known as the Chicago, Rock Island & Pacific Railroad Company. “Plaintiff further states, that the defendant has wholly failed to. comply…
1Opinion of the CourtHall, J.
— The statement did not state a cause of action at common law. No negligence on the part of defendant was alleged. Johnson v. Railroad, 76 Mo. 553. Although double damages were asked, the statement did not state a cause of action under section 809, Revised Statutes. This is true for reasons too clear to require mention. The statement would seem to have been an attempt to state a cause of action under section 806, Revised Statutes. As such an attempt it was, however, a failure because it averred that the failure of defendant “to ring the bell or blow the whistle,” did not occur at a public…
2Cases cited1 opinion
- Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
3Cited by5 opinions
- Hall v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
- Polhans v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1893
- Polhans v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891
- Webster v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913