Bigelow v. North Missouri Railroad
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. I. The general verdict on both counts was error. (Mooney v. Kennett, 19 Mo. 551; Clark’s Adm’r v. Hann. & St. Jo. R.R. Co., 36 Mo. 215.) II. This error was properly passed upon in overruling the motion for a new trial.
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Appeal from Montgomery Circuit Court. I. The general verdict on both counts was error. (Mooney v. Kennett, 19 Mo. 551; Clark’s Adm’r v. Hann. & St. Jo. R.R. Co., 36 Mo. 215.) II. This error was properly passed upon in overruling the motion for a new trial. A motion in .arrest refers only .to .the pleadings., which, as understood in law, are the statement in a logical and legal form of the facts which constitute the plaintiff’s cause of action or the defendant’s ground of defense, until, the issues for trial are framed. (Warner y.,Morin, 13 Mo. 455.) I. In the case,, at bar,, the law implies…
1Opinion of the CourtWagner, Judge
The .action was against the. defendant for killing the plaintiff’s stock, at a place where the road-bed was not sufficiently inclosed by a lawful fence, and where there was no crossing of a. public-highway. The petition contained two counts. The .first charged the defendant with killing three hogs of the value of forty-five dollars, for which sum judgment was asked. The second count alleged the killing of five mules, one horse and one colt, of the value of one thousand and forty-five dollars, for which judgment was also prayed. .• The answer was a denial of all the averments set forth in. the…
2Cases cited4 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Pitts v. FugateSupreme Court of Missouri · 1867
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
3Cited by15 opinions
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Henry v. LoweSupreme Court of Missouri · 1880
- St. Louis S. F. R. Co. v. Farmers' Union Gin Co.Supreme Court of Oklahoma · 1912
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