Kennayde v. Pacific Railroad
Supreme Court of Missouri
Error to First District Court. I. If an action is based upon a statute, public or private, there must be reference thereto in the petition. (Gren. Stat. 1865, p. 661, § 41; 1 Chit. Plead., 872 ; 2 Chit.
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Error to First District Court. I. If an action is based upon a statute, public or private, there must be reference thereto in the petition. (Gren. Stat. 1865, p. 661, § 41; 1 Chit. Plead., 872 ; 2 Chit. Plead. 504-512 ; Walther v. Warner, 26 Mo. 147; Bayard v. Smith, 17 Wend. 88 ; Utica v. Richardson, 6 Hill, 300 ; People v. Barton, 6 Cow. 290; Morris v. People, 3=Denio, 81; Chipman v. Emeric, 5 Cal. 289 ; 10 Mass. 89 ; 11 Mass. 273 ; 7 Mass. 9 ; 1 Wis. 282.) H. The omissions that are made in the petition are fatal after verdict. (1 Chit. Plead. 373 ; 2 East, 333 ; 1 Maulé & Sel. 500 ; Hann.…
1Opinion of the CourtWagner, Judge
This was an action instituted by the plaintiff, the widow of' Michael Kennayde, deceased, to recover damages for the killing: of her husband, which was alleged to have been caused by the-negligence, unskillfulness, and criminal intent of the officers,, agents, servants, and employees of the defendant, whilst conducting, managing and running its locomotive and train of cars. The answer was simply a general denial. Trial by jury and verdict for plaintiff for five thousand dollars, the statutory penalty.
The facts are brief, and in substance these: That the employees, of the defendant, between…
2Cases cited4 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
- Bayard v. SmithNew York Supreme Court · 1837
3Cited by45 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
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