Hurley v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Eon. G. A. Denton, Judge. (1) The petition states no canse of action. There is no allegation of negligence in respect to any of the acts of defendant’s servants alleged in the petition. There is no allegation of wantonness. There is no allegation that the acts done by the defendant’s servants were wrongful. There is nothing to point ont to the court or to the defendant what is the wrong charged.
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Appeal from Henry Circuit Court. — Eon. G. A. Denton, Judge. (1) The petition states no canse of action. There is no allegation of negligence in respect to any of the acts of defendant’s servants alleged in the petition. There is no allegation of wantonness. There is no allegation that the acts done by the defendant’s servants were wrongful. There is nothing to point ont to the court or to the defendant what is the wrong charged. This is a petition intended to sound in tort, yet it contains a mere recital of facts and without direct charge of a wrongful act, states the supposed consequences…
1Opinion of the Court
TRIMBLE, J. —
Action for damages alleged to have been caused by defendant’s interferencé with firemen in their endeavor to extinguish a fire in plaintiff’s mill and elevator, combined in one building and standing on the east side of and immediately adjoining defendant’s railway track in the city of Clinton.
The south line of the building was forty feet north of the north line of Ohio street, which ran east and west. The fire originated near the ground on the south side not far from the southeast comer, and began about 8:30 p. m., February 17, 1909. Eesponding at once to the alarm, the city fire…
2Cases cited16 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Clark v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1907
- Houren v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1908
- Erickson v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1935
- Cottonwood Fibre Co. v. ThompsonSupreme Court of Missouri · 1949
- Felter v. Delaware & HR CorporationDistrict Court, M.D. Pennsylvania · 1937
- Gulf, C. & S. F. Ry. Co. v. SaundersCourt of Appeals of Texas · 1927