Legal Opinion

Hurley v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided April 30, 1894PublishedCited by 14 opinions

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

  1. Scovill v. GlasnerSupreme Court of Missouri · 1883
  2. Flato v. MulhallSupreme Court of Missouri · 1880
  3. Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
  4. Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
  5. 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

  1. Devine v. RookMissouri Court of Appeals · 1958
  2. Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
  3. Brown v. GrinsteadMissouri Court of Appeals · 1923
  4. Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
  5. Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API