Ellet v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit -Court.—Hon. Jos. P. Grubb, Judge. 1. The court erred in striking out tbe new matter contained in the answer. The practice act, (1 R. S., p. 60S,) requires the answer to contain, 1st, A general or special denial of the material allegations of the petition, and 2nd, A statement of any new matter.
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Appeal from Buchanan Circuit -Court.—Hon. Jos. P. Grubb, Judge. 1. The court erred in striking out tbe new matter contained in the answer. The practice act, (1 R. S., p. 60S,) requires the answer to contain, 1st, A general or special denial of the material allegations of the petition, and 2nd, A statement of any new matter. To apprise the plaintiff of its reliance upon an extraordinary storm, it was necessary for defendant to state that fact in an appropriate manner in its answer. Northrop v. Mo. Val. Co., 47 Mo. 435. In this State any new or affirmative matter relied upon, such as the…
1Opinion of the CourtHough, C. J.
This is an action brought by the widow of Richard S. Ellet, deceased, to recover from the defendant the statutory penalty of $5,000, on account of the death of her husband, which was occasioned by the overturning of a train of cars on the defendant’s railway, near the town of Salisbury, in Chariton county, on the night of September 5th, 1876, on which train the deceased was a passenger.
The material portion of the petition is as follows:
“ That, while said Richard Ellet was being carried by •defendant as such passenger, in said coach, on said 5th day of September, 1876, at a point on said…
2Cases cited2 opinions
- Edens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Flori v. City of St. LouisSupreme Court of Missouri · 1879
3Cited by13 opinions
- Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Tranbarger v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Coleman v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
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