Legal Opinion

Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.

Missouri Court of Appeals

Decided February 4, 1889PublishedCited by 18 opinions

Appeal from, the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The cause of action stated in the original petition in this case was for a penalty and was barred in three years. R. S. 1879, secs. 3231, 547; Remite n. Railroad, 74 Mo. 438; Barnett «. Railroad, 68 Mo. 58; Cummings v. Railroad, 70 Mo. 570 ; Rea v.. Railroad, 84 Mo. 345 ; Edwards v. Railroad, 66 Mo. 567; Carey r>. Railroad, 60 Mo. 209 ; 'Herriman r>. Railroad, 9 Am. & Eng.

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Appeal from, the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The cause of action stated in the original petition in this case was for a penalty and was barred in three years. R. S. 1879, secs. 3231, 547; Remite n. Railroad, 74 Mo. 438; Barnett «. Railroad, 68 Mo. 58; Cummings v. Railroad, 70 Mo. 570 ; Rea v.. Railroad, 84 Mo. 345 ; Edwards v. Railroad, 66 Mo. 567; Carey r>. Railroad, 60 Mo. 209 ; 'Herriman r>. Railroad, 9 Am. & Eng. R. R. Oases, 339; State v. Railroad, 32 Fed. Rep. 725. The so-called amended petition was statutory — counted on the statute, stated every fact…

1Opinion of the CourtEllison, J.

On the thirtieth day of September, 1887, the plaintiff, filed an amended petition in this cause, the first count of which is as follows, to-wit :

“Por cause of action plaintiff states, that at the times hereinafter mentioned, the defendant was and that it still is a corporation, owning, operating and managing a certain railroad in the state of Missouri, extending from the town of Watson to the City of Kansas in said state; that on or about the seventeenth day of May, 1883, plaintiff, delivered to defendant at Watson, a station on defendant’s railroad, in Atchison county, Missouri, to be…

2Cases cited9 opinions

  1. United States v. TynenSupreme Court of the United States · 1871
  2. United States v. ClaflinSupreme Court of the United States · 1878
  3. Berry v. GraddyCourt of Appeals of Kentucky · 1859
  4. State v. RollerSupreme Court of Missouri · 1882
  5. Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884

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3Cited by18 opinions

  1. Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
  2. Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
  4. Branchville Motor Co. v. AddenSupreme Court of South Carolina · 1930
  5. Cram v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909

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