Jackson v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from tbe Scbuyler Circuit Court. — Hon. N. M• Shelton, Judge. Tbe second count of plaintiff’s amended petition does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 1105; R. S. 1899, sec. 3295. (1) Tbe petition is good if it does state all tbe failures of defendant to fence, etc., in one count. Duncan v. Railway, 91 Mo. 67; Woods v. Railway, 51 Mo. App. 502; Ray v. Railway, 25 Mo.
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Appeal from tbe Scbuyler Circuit Court. — Hon. N. M• Shelton, Judge. Tbe second count of plaintiff’s amended petition does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 1105; R. S. 1899, sec. 3295. (1) Tbe petition is good if it does state all tbe failures of defendant to fence, etc., in one count. Duncan v. Railway, 91 Mo. 67; Woods v. Railway, 51 Mo. App. 502; Ray v. Railway, 25 Mo. App. 104. (2) But if defendant’s contention is true, the whole sentence, “that it was the duty of the defendant to fence each side of'its said railroad where it passes through the…
1Opinion of the CourtEllison, J.
— This action is for damages accruing to plaintiff by reason of killing of his stock while upon defendant’s line of railway. The petition was in four counts'. The first and third were for the same stock. The second and fourth were for tbe same stock, though not that charged to have been killed in the first and third. In other words, there are two counts for each of the two killings. The judgment in the trial court was for plaintiff on the second count and for the defendant on the other three. The plaintiff appealed from the judgment against him and the defendant sued out a writ of error on…
2Cited by4 opinions
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- Dixon v. ThomasMissouri Court of Appeals · 1902
- Davies v. BoyersMissouri Court of Appeals · 1909
- Gorka v. GorkaMissouri Court of Appeals · 1927