Berry v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — No». Henry G. Riley, Judge. (1) The court erred in not sustaining the demurrer to the replication of the plaintiff. The facts set up in the replication stated no reason why the settlement should be avoided. Layson v. Cooper, 174 Mo. 220; Paris Mfg. Co. v. Carle, 116 Mo.
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Appeal from New Madrid Circuit Court. — No». Henry G. Riley, Judge. (1) The court erred in not sustaining the demurrer to the replication of the plaintiff. The facts set up in the replication stated no reason why the settlement should be avoided. Layson v. Cooper, 174 Mo. 220; Paris Mfg. Co. v. Carle, 116 Mo. App. 501; Crim v. Crim, 162 Mo. 552; Shirts v. Over John, 60 Mo. 305. (2) Under the issues raised by the reply to the new matter set up in the answer, the defendant was entitled! to have those issues tried separately. The settlement which plaintiff sought to set aside, constituted a…
1Opinion of the CourtGraves, J.
The plaintiff originally brought her suit against the St. Louis, Memphis and Southeastern Railroad Company. Petition filed to the March term, 1905, of the New Madrid Circuit Court was in two counts. By the first she sought to recover damages to crops growing on certain lands belonging to her, by reason of defects in the right-of-way fences belonging to defendant. Damages were alleged in the sum of six hundred dollars and judgment asked in double that sum.
By the second count damages were sought in the sum of $50, to be doubled under the statute, for injury to a, horse, alleged to have been…
2Cases cited5 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- McFarland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
3Cited by12 opinions
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Meadowbrook Country Club v. DavisSupreme Court of Missouri · 1967
- Wingfield v. Wabash RailroadSupreme Court of Missouri · 1914
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
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