Reardon v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—Hon. C. W. Sloan, Judge. This action was begun in the circuit court of Cass county, and a change of venue granted to Johnson county.
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Appeal from Johnson Circuit Court.—Hon. C. W. Sloan, Judge. This action was begun in the circuit court of Cass county, and a change of venue granted to Johnson county. The petition alleges that, while plaintiff was on the track of the' defendant, in an exposed and dangerous condition, the servants of the defendant, who were controlling, running and managing its cars, ran the same upon and over plaintiff’s right leg; that at the time they were running said locomotive and cars in a careless, negligent and reckless manner; that said servants and agents could and in fact did see the plaintiff…
1Opinion of the CourtG-antt, P. J.
I. The petition is not obnoxious to the criticism of defendant’s counsel that it fails to state a cause of action. The alleged defect consists in not stating the relation plaintiff bore the defendant. The point is without merit. The petition stated a case of negligence, for which defendant would have been liable to plaintiff whether he was a trespasser or servant of the company. It is not a model pleading but it stated the case, and is unquestionably good after verdict.
II. There was no error in the admission of the evidence of John Hoefer. He testified without objection that there were two…
2Cases cited1 opinion
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1889
3Cited by30 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Sprague v. SeaSupreme Court of Missouri · 1899
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
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