Kelsay v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The first count of the petition fails to state a cause of action, pleads only a legal conclusion. Pier v. Heinrichoffen, 52 Mo. 336;- Waldhier v. Railroad, 71 Mo. 516; Harrison v. Railroad, 74 Mo. 369; Nichols v. Larhin, 79 Mo. 271; Gurley v. Railroad, 93 Mo. 450. (2) The court should have sustained a demurrer to the evidence on the first count.
Read the full summary
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The first count of the petition fails to state a cause of action, pleads only a legal conclusion. Pier v. Heinrichoffen, 52 Mo. 336;- Waldhier v. Railroad, 71 Mo. 516; Harrison v. Railroad, 74 Mo. 369; Nichols v. Larhin, 79 Mo. 271; Gurley v. Railroad, 93 Mo. 450. (2) The court should have sustained a demurrer to the evidence on the first count. (3) If plaintiff relied on a violation of Revised Statutes, 1889, section 2608, requiring defendant to ring its bell and sound the whistle of its locomotive when approaching a…
1Opinion of the CourtMacfarlane, J.
Plaintiff sues for damages on account of personal injuries by being struck by a train of defendant, on a public crossing in Vernon county. The petition is in two counts. The first charges negligence generally in running and managing the train. The second charges negligence in permitting an embankment to remain upon its right of way and suffering weeds to grow thereon, thus obstructing plaintiff’s view of the track as she approached it. The answer is a general denial and a plea of contributory negligence. The plea charges that plaintiff negligently drove upon the track without taking any…
2Cases cited5 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
3Cited by80 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
75 more not listed; retrieve them via the Exa API.