Johnson v. Missouri Pacific Railway Co.

This case is here on defendant’s appeal from a judgment recovered by plaintiff in the Morgan county circuit court for five thousand dollars damages for personal injury; and as exception was taken to the action of the trial court in overruling defendant’s objection to the introduction of any evidence because the plaintiff’s petition did not state facts sufficient to constitute a cause of action, it necessitates an insertion of so much of the petition as bears upon the question involved. Omitting the formal parts of the petition, it is as follows: “ That on the thirteenth day of July, 1885, the…