Main v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Cliutou Circuit Court, Hon. Geo. W. Dunn, J. The facts sufficiently appear in the opinion of the court. .... I. Section 790 of the Eevised Statutes of Missouri provides: “And a corporation of this state leasing its road to a corporation of another state, shall remain liable, as if it operated the rdad itself.”
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Appeal from Cliutou Circuit Court, Hon. Geo. W. Dunn, J. The facts sufficiently appear in the opinion of the court. .... I. Section 790 of the Eevised Statutes of Missouri provides: “And a corporation of this state leasing its road to a corporation of another state, shall remain liable, as if it operated the rdad itself.” There is no allegation, nor any showing that defendant has leased its road to any corporation, much less to a corporation of another state. .When a party seeks to recover by virtue of a statute, he must state facts bringing his case within the purview of the statute. • II.…
1Opinion of the Court
Opinion by
Ellison, J.
This action is based on a statement before a justice, of which the following is a literal copy:
“ David E. Main,
vs.
"Hannibal and St. JosephEailroad Company.
“ Before B. J. Burke, justice of the peace in Lathrop
township, Clinton county, Missouri.
*390“Plaintiff says defendants are a corporation duly incorporated by the laws of the state of Missouri, and doing business in the name and style of the Hannibal and St. Joseph Railroad Company, and the 'Chicago, Rock Island and Pacific, Railroad Company. Plaintiff says the agents and servants of the Chicago, Rock Island and Pacific…
2Cases cited3 opinions
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by6 opinions
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Brown v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Brown v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
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