Bolton v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Nora. Jno. M. Williams, Special Judge. (1) It was error for the court below to strike out part of defendant’s answer on the. ground that the part moved to be stricken out constituted no defense to plaintiff’s action, and that if the allegations contained in it were true, “they would be against policy,” and because the contract therein pleaded was not filed with the answer.
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Appeal from Morgan Circuit Court. — Nora. Jno. M. Williams, Special Judge. (1) It was error for the court below to strike out part of defendant’s answer on the. ground that the part moved to be stricken out constituted no defense to plaintiff’s action, and that if the allegations contained in it were true, “they would be against policy,” and because the contract therein pleaded was not filed with the answer. The part of the answer moved to be stricken out set up as a defense that provision of the contract under which plaintiff was being carried, which obligated him to ride in the caboose car…
1Opinion of the CourtValliant, J.
Action for personal injuries received by the plaintiff, while in a car on defendant’s railroad, through what is alleged to have been the negligence of defendant’s servants in charge.
*98The petition states in effect that on June 29, 1898, in pursuance to a contract which plaintiff, for himself and his mother, made with the defendant, the latter furnished him a freight car in which to transport certain furniture and live stock, and also himself as a passenger from Versailles, Missouri, to Trinidad, Colorado; that while he was in the car, with the furniture and live stock, for that purpose, after…
2Cases cited4 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Nicholds v. Crystal Plate Glass Co.Supreme Court of Missouri · 1894
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
3Cited by20 opinions
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Smith v. FordyceSupreme Court of Missouri · 1905
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
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