Ravenscraft v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cass Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The petition in this case seeks to state a cause of action at common law, and not one under the statute. Meyer v. Railroad, 64 Mo. 542-44.' II.
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Appeal from Cass Circuit Court, Hon. Charles W. Sloan, Judge. The case and facts are stated in the opinion of the court. I. The petition in this case seeks to state a cause of action at common law, and not one under the statute. Meyer v. Railroad, 64 Mo. 542-44.' II. If it was intended to hold the defendant liable for a neglect • to perform the statutory duty of giving the required signals of warning at a public road-crossing, such intention should in some manner have been expressed in the petition. ' It does hot so appear in this case. Meyer v. Railroad, swpra; Kennayde v. Railroad, 45…
1Opinion of the CourtPhilips, P. J.
This action was begun in a justice’s •court. On appeal in the circuit court recovery was had by plaintiff on the second count of the statement, which is as follows:
“ Plaintiff, for another and further cause of action, states, that, on or about the.twenty-fifth day of January, 1885, the said defendant, while running its engine and train of cars over its said road, in said Polk township, by its agents, servants, and employes, and by the carelessness and negligence in the management of its said engine and cars, carelessly and negligently, with said engine and train of cars, • struck, run over…
2Cases cited6 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Flannery v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
- Egan v. PalmerMissouri Court of Appeals · 1926
- Dutro v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.