Price v. Barnard
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) N-o evidence should have been allowed under the amended statement, because it does not state facts sufficient to constitute a cause of action. It was not the same cause of action upon which the case was tried before, either in the circuit or appellate court. In the former trial plaintiff claimed that the Wabash Railroad Company killed and injured the stock, in controversy.
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Appeal from the Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) N-o evidence should have been allowed under the amended statement, because it does not state facts sufficient to constitute a cause of action. It was not the same cause of action upon which the case was tried before, either in the circuit or appellate court. In the former trial plaintiff claimed that the Wabash Railroad Company killed and injured the stock, in controversy. (See statement and opinion 65 Mo. App. 649). Now he claims they were killed and injured by the agents and servants of J. F. Barnard, receiver of .the…
1Opinion of the CourtSmith, P. J.
This action was based upon section 2611, Revised Statutes, and was brought before a justice of the peace to recover damages under that section for injuries to two cows and two calves, the property of the plaintiff. There was a trial in the court below which resulted in judgment for plaintiff. The defendant appealed.
*179^fngsfwkVguiof méáT: 'license, *178I. The defendant objects that the statement on which the case was first tried alleged that the plaintiff’s cattle were injured by the agents of the Wabash Rail*179road Company engaged in running its locomotives and trains of cars over the defendant’s…
2Cases cited3 opinions
- McCoy v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Price v. BarnardMissouri Court of Appeals · 1896
3Cited by4 opinions
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Noll v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Honeycutt v. Missouri Pacific RailroadSupreme Court of Missouri · 1969
- Morrison v. Kansas City & Westport Belt Railway Co.Missouri Court of Appeals · 1912