Mosier v. Beale
| Court | U.S. District Court — Southern District of California |
| Citation | Mosier v. Beale, 43 F. 358 (S.D. Cal. 1890) |
| Decision Date | 08 August 1890 |
| Parties | MOSIER et ux. v. BEALE. |
J. W Ahern and Del Valle & Munday, for plaintiffs.
Stephen M. White, for defendant.
Two objections are urged by the demurrer to the amended complaint in this case. One is that there is no allegation to the effect that the defendant had any knowledge of the dangerous character of the cow which, it is alleged, inflicted the injuries complained of. But the complaint alleges that the defendant negligently permitted the cow to trespass and unlawfully to be upon the premises of the plaintiffs, and that while so trespassing the injuries were inflicted. Under such circumstances it is not necessary to allege that the owner had knowledge of the vicious propensity of the animal. Van Leuven v. Lyke, 1 N.Y. 515; Decker v Gammon, 44 Me. 322, and authorities cited in note to that case in 69 Amer.Dec. 103. The plaintiffs are alleged to be husband and wife, and the injuries to have been inflicted on the wife, and by reason of such injuries that 'the plaintiff Nellie L. Mosier, and both plaintiffs herein, have been injured in the sum of fifty thousand dollars. ' Wherefore they pray judgment for that sum, with costs.
The ground of the action...
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United States Smelting Co. v. Sisam
... ... 1201; Code Secs. 2902, 2904; ... Musselman v. Galligher, 32 Iowa, 383, 384; Long ... v. Pennsylvania R.R. Co. (C.C.) 149 F. 598; Mosier ... v. Beale (C.C.) 43 F. 358), and that, therefore, he ... cannot prove and recover any damages in an action for a ... nuisance which renders ... ...
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Mt. Nebo Anthracite Coal Company v. Martin
...husband, and he was not a necessary party, and had no right to the recovery for the wife's separate services. Kirby's Dig. § 5214. See also 43 F. 358; 38 409. 3. As to partnerships, it is settled that partners are not entitled to charge the partnership for services rendered in the prosecuti......
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Randall v. Johnstone
...all the causes are common to all of the parties. Rev. Codes, § 6877, subdiv. 7; Hoffman v. Wheelock, 62 Wis. 434, 22 N.W. 713, 716; Mosier v. Beale, 43 F. 358 (on California statute); 1 Abbott, Pleadings, 772. In the absence of the evidence -- it will be presumed that the parties litigated,......
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Peterson v. Conlan
... ... Page v. Hollingsworth, 7 Ind. 319; Lee v ... Burke, 15 Ill.App. 651; Angus v. Radin, 8 Am ... Dec. 626; Morgan v. Hudnell, 40 N.E. 716; Mosier ... v. Beale, 43 F. 358; Dufer v. Cully, 3 Ore ... 377; Beckett v. Beckett, 48 Mo. 396 ... M ... Brynjolfson and Jeff M ... ...
