Morrow v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The statement in this case cannot beheld sufficient un•der the most liberal practice. Pads v. Railroad Co., 65 Mo. 44 ; Johnson v. Railroad Go., 76 Mo. 558. Nor is there any allegation from which it may be inferred, that the alleged killings were occasioned iu any wise by the failure to fence.
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Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The statement in this case cannot beheld sufficient un•der the most liberal practice. Pads v. Railroad Co., 65 Mo. 44 ; Johnson v. Railroad Go., 76 Mo. 558. Nor is there any allegation from which it may be inferred, that the alleged killings were occasioned iu any wise by the failure to fence. Johnson v. Railroad Co., supra,; Sloan v. Railroad Co., 74 Mo. 47; Nance v. Railroad Co., 79 Mo. 196; Pryden v. Smith, 79 Mo. 525. The statement is sufficient. Parrell v. Union Trust ■Co., 77 Mo. 475; Terry o. Railroad Co., 77 Mo. 254.
1Opinion of the Court
Philips, C.
This is an action to recover double damages for the killing of hogs by defendant’s train of cars. ■Judgment in justice’s court for plaintiff. On appeal to the circuit court the plaintiff filed the following amended .statement on which the cause was tried:
“ Plaintiff, for an amended statement herein, states *170that the defendant is the owner and operator of a certain railroad leading from the city of St. Louis in the State of Missouri, and passing westward through Cass county in said State, and of certain cars and locomotives running, thereon. That the plaintiff was the owner of…
2Cases cited6 opinions
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Sloan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
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3Cited by6 opinions
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1893
- Polhans v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1893
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Brassfield v. PattonMissouri Court of Appeals · 1888
- Ward v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.