Radcliffe v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from, Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The objection of the .defendant to the introduction of any evidence, for the reason that the statement, of the plaintiff failed to allege a cause of action, should have been sustained. The statement does not state a cause of action under the provisions of section 809 of the Revised Statutes.
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Appeal from, Scott Circuit Court. — Hon. J. D. Foster, Judge. (1) The objection of the .defendant to the introduction of any evidence, for the reason that the statement, of the plaintiff failed to allege a cause of action, should have been sustained. The statement does not state a cause of action under the provisions of section 809 of the Revised Statutes. It fails to allege that the mare killed was injured, or entered upon defendant’s road, at. a point where the same was, by the statute, required to-be fenced. Manz v. Railroad, 87 Mo. 278; Davis v. • Railroad, 65 Mo. 441, and cas. cit. ;…
1Opinion of the Court
Henry, C. J. —
This suit originated in a justice’s court in Scott county, and the following is the statement of his cause of action filed by plaintiff with the justice:
“ Plaintiff states that defendant is an incorporated company under the laws of the state of Missouri; that on the twenty-eighth day of September, 1882, it was the owner of, and operating, a railroad with cars and locomotives, and that on the day and year last aforesaid, within the corporate limits of the village of Oran, in Sylvania township, in Scott county, at a point on the track of defendant’s railroad where there were no…
2Cases cited4 opinions
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ells v. Pacific RailroadSupreme Court of Missouri · 1871
- Tiarks v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1874
3Cited by11 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Churchill Co. v. KingsburyCalifornia Supreme Court · 1918
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