McMullen v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) the petition does not state facts sufficient to constitute a cause of action, and the motion in arrest should have been sustained. No excuse is alleged for doing the work, from which the injury resulted, with the number of men averred in the petition to have been insufficient for the reasonable safety of those1 engaged in it. Flynnv.
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Appeal from the Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) the petition does not state facts sufficient to constitute a cause of action, and the motion in arrest should have been sustained. No excuse is alleged for doing the work, from which the injury resulted, with the number of men averred in the petition to have been insufficient for the reasonable safety of those1 engaged in it. Flynnv. Railroad, 78 Mo. 195; Aldridge v. Furnace Co., 78 Mo. 559; Hahn v. Railroad, 92 Mo. 440; Reichlav. Gruensfelder, 52 Mo. App. 43; Fugler v. Bothe, 22 S. W. Rep. 1113. (2) The demurrer to…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. The plaintiff had judgment in the court below and the defendant has appealed.
It is claimed by the defendant that the judgment ought to be reversed because the petition does not state facts sufficient to constitute a cause of action, in that no excuse is alleged for doing the work from which the injury resulted with the number of men therein charged to have been insufficient for the reasonable safety of those engaged in it. That pleading charges that the defendant…
2Cases cited14 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
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3Cited by4 opinions
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Kansas City Stockyards Co. Of Maine v. Anderson. Anderson v. Kansas City Stockyards Co. Of MaineCourt of Appeals for the Eighth Circuit · 1952
- Levecke v. Curtis & Co. ManufacturingMissouri Court of Appeals · 1917