Wagner v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) All omissions and defects in the petition, if such, in fact exist, are cured by the answer. The latter avers expressly and in terms that deceased was not a passenger on defendant’s train ; that he was unlawfully and wrongfully thereon and was a trespasser. Plaintiff filed a general denial. Omission to state a material fact will be obviated if the other party, by his pleading, puts the matter in issue.
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Appeal from Callaway Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) All omissions and defects in the petition, if such, in fact exist, are cured by the answer. The latter avers expressly and in terms that deceased was not a passenger on defendant’s train ; that he was unlawfully and wrongfully thereon and was a trespasser. Plaintiff filed a general denial. Omission to state a material fact will be obviated if the other party, by his pleading, puts the matter in issue. Lemon v. C hanslor, 68 Mo. 340 ; Strikers v. Howe, 62 Mo. 473; Garth v. Caldioell, 72 Mo. 622; Hughes v. Gar son, 90 Mo.…
1Opinion of the CourtBrace, J.
In this action the plaintiff seeks to recover five thousand dollars damages for the negligent killing of her husband (Christopher Wagner) by defendant’s servants.
The petition charges that her husband, on the eighteenth day of December, 1881, being on defendant’s train of cars between the town of Russellville and the *517city of Jefferson, was injured and did die, and said injury and death resulted from and was occasioned by the negligence of the defendant, its agents and servants in running and operating its engine and train of cars on which said deceased was, in this, to-wit: That said agents…
2Cases cited7 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
22 more not listed; retrieve them via the Exa API.