Hurley v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in refusing to strike out the amended petition. The original petition stated a cause of action founded upon a statute of the state of Texas, making a railroad company liable without proof of negligence unless the track was fenced, while the amended petition stated a common law action, based upon negligence in running and operating a train of cars.
Read the full summary
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in refusing to strike out the amended petition. The original petition stated a cause of action founded upon a statute of the state of Texas, making a railroad company liable without proof of negligence unless the track was fenced, while the amended petition stated a common law action, based upon negligence in running and operating a train of cars. These were inconsistent and the proof of one would not sustain the other. Lamkin v. Collier, 69 Mo. 170; Lottmanv. Barnett, 62 Mo. 159; Parker v. Bodes, 79 Mo.…
1Opinion of the CourtGill, J.
— This action was begun in December, 1890, and plaintiff’s amended petition on which this case was tried in substance alleged: That on the twenty-seventh day of October, 1888, the defendant was in possession of and operating its railroad in Johnson county in the state of Texas; that plaintiff then and there owned a mule of the value of $200, which, without any fault of the plaintiff, strayed upon the track of the said railroad; “and plaintiff says the defendant so negligently managed, ran and operated said road that it, on the said twenty-seventh day of October, while running a certain engine…
2Cases cited10 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Flato v. MulhallSupreme Court of Missouri · 1880
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Boone v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Devine v. RookMissouri Court of Appeals · 1958
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Brown v. GrinsteadMissouri Court of Appeals · 1923
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
9 more not listed; retrieve them via the Exa API.