Legal Opinion

Field v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 8 opinions

Appeal Jrom Platte Circuit Court.—Hon. Geo. W. Dunn, Judge. When the plaintiff’s right is founded upon an obligation of law, or an obligation on the part of the defendant to observe some particular duty, the declaration must state concisely the circumstances which give rise to the defendant’s particular duty or liability.

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Appeal Jrom Platte Circuit Court.—Hon. Geo. W. Dunn, Judge. When the plaintiff’s right is founded upon an obligation of law, or an obligation on the part of the defendant to observe some particular duty, the declaration must state concisely the circumstances which give rise to the defendant’s particular duty or liability. Moak’s Van Santvoord’s Plead., (8 Ed.) 219; 1 Estee’s Plead., (1 Ed.) 204; City of Buffalo v. Holloway, 7 N. Y. 493; Leas v. White, 15 Iowa 187; Nickerson v. Bridgeport Hydraulic Co., 46 Conn. 24; s. c., 33 Am. Rep. 755. And the evidence should be confined to the facts.…

1Opinion of the CourtHenry, J.

This is a suit to recover damages for the destruction of a growing crop of corn on plaintiff’s land, and, after relating plaintiff’s ownership of the land, and that defendant had for years past been using a strip of said land for a right of way and running its train of cars over it, the cause of action is thus stated : “That defendant failed to keep its road in such condition as to prevent injury to plaintiff; but negligently and carelessly failed to make, and keep open, proper ditches for the purpose of leading the water off of plaintiff'’s land; and in consequence of the careless and…

2Cited by8 opinions

  1. McCormick v. Interstate Consolidated Rapid Transit Railway Co.Supreme Court of Missouri · 1900
  2. Sackewitz v. American Biscuit Manufacturing Co.Missouri Court of Appeals · 1899
  3. Haughey Livery & Undertaking Co. v. JoyceMissouri Court of Appeals · 1890
  4. Ross v. Preferred Accident InsuranceHawaii Supreme Court · 1925
  5. N. O. Nelson Manufacturing Co. v. MitchellMissouri Court of Appeals · 1889

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