Reynolds v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court.—Hon. Gr. H. Burckhartt, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and tlie motion in arrest ©f judgment sliould have been sustained, (a) It is not alleged in the petition that the act done was contrary to the provisions of any statute of the state.
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Appeal from Randolph Circuit Court.—Hon. Gr. H. Burckhartt, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and tlie motion in arrest ©f judgment sliould have been sustained, (a) It is not alleged in the petition that the act done was contrary to the provisions of any statute of the state. R. S., sec. 3550. (5) In penal actions founded upon a statute a reference to the statute is required for the purpose of informing the defendant distinctly of the nature and character of the offence. Shaw v. Tobias, 3 N. Y. 188. (e) In penal suits, unless a general…
1Opinion of the CourtBlack, J.
This was a suit in one hundred and sixty-two counts to recover penalties for overcharges for transportation of railroad cross ties from Higbee to Kansas City. There was a verdict for plaintiff on the last sixteen counts, and judgment for defendant on the others.v Plaintiff, also, appealed, but as errors have not been assigned on his appeal, it will not be noticed.
1. Error is assigned in overruling defendant’s motion in arrest. Section 833, Revised Statutes, determines the *94-class to which this freight belongs; section 834 the maximum rate of charges ; and section 835, prohibits the ■company…
Also in this document: Dissent.
2Cases cited1 opinion
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
3Cited by7 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Camp v. Wabash RailroadMissouri Court of Appeals · 1902
- Emerson v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1892
- Leone v. KellySupreme Court of Connecticut · 1905
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