Clark v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The petition does not state a cause of action, and there was no evidence tending to show any negligence in sending the plaintiff after the Texas steer as alleged in the petition. The court should, therefore, have sustained the demurrer to plaintiff’s evidence. Moreover it is not alleged that defendant failed to notify or warn plaintiff of the dangerous character of the steer, if it was necessary to do so.
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Transferred from St. Louis Court of Appeals. (1) The petition does not state a cause of action, and there was no evidence tending to show any negligence in sending the plaintiff after the Texas steer as alleged in the petition. The court should, therefore, have sustained the demurrer to plaintiff’s evidence. Moreover it is not alleged that defendant failed to notify or warn plaintiff of the dangerous character of the steer, if it was necessary to do so. This question may be raised for the first time in this court, but in this case it was raised by the instructions and by the motion for new…
1Opinion of the CourtMarshall, J.
— This is an. action for personal injuries» The plaintiff recovered twenty-five hundred dollars damages, in the circuit court, and the defendant appealed to the St. Louis Court of Appeals, where the judgment was affirmed, but as one of the. judges of that court was of the opinion that the decision therein was in conflict with certain previous decisions of this court, and of the Courts of Appeals, the cause was certified to this court for determination, pursuant to section 6 of the amendment of 1884 to article 6 of the Constitution, and by that section it is made the duty of this court to…
2Cases cited1 opinion
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
3Cited by16 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Keller v. SummersSupreme Court of Missouri · 1914
- Oklahoma Moline Plow Co. v. SmithSupreme Court of Oklahoma · 1914
- Boatman v. MilesWyoming Supreme Court · 1921
- Humes v. SalernoSupreme Court of Missouri · 1961
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