Schneider v. Missouri Pacific Ry. Co.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtHENRY
Citation75 Mo. 295
Decision Date30 April 1882
PartiesSCHNEIDER v. THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.

75 Mo. 295

SCHNEIDER
v.
THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

April Term, 1882.


Appeal from Pettis Circuit Court.--HON. WILLIAM T. WOOD, Judge.

AFFIRMED.

Thos. J. Portis and E. A. Andrews for appellant.

[75 Mo. 296]

HENRY, J.

This suit was to recover damages for the killing of a horse by defendant's locomotive engine and cars, and the petition alleges that: “Defendant so carelessly and negligently ran and managed its locomotive engine and cars, on its railroad, as to run against and over said horse, thereby killing him.” Defendant objected to any evidence on the part of plaintiff, “because the petition does not state facts sufficient to constitute a cause of action.” This objection was overruled. That the petition is sufficient in such a case, has been repeatedly held by this court. Meyer v. Atlantic & Pacific R. R. Co., 64 Mo. 542; Goodwin v. R. R. Co., 75 Mo. 73. These cases are distinguishable from Waldhier v. R. R. Co., 71 Mo. 514. That was a suit by an employe against the company to recover damages for personal injuries, and the petition alleged specifically wherein defendant was negligent, and yet plaintiff was permitted to recover for negligence other than that specifically assigned. This was held by this court to be error.

The appellant also complains that the court permitted plaintiff to introduce evidence to show that the horse was killed at a public crossing, and that neither the whistle nor bell of the locomotive was blown or rung, as required by the statute. The appellant contends that as this action is not based upon that section the court erred in admitting evidence of a disregard of its provisions by the defendant's employes. This precise question was passed upon in the case of Goodwin v. R. R. Co., supra, in which we held the evidence admissible.

All concurring, the judgment for plaintiff is affirmed.

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47 practice notes
  • Cushulas v. Schroeder and Tremayne, Inc., No. 20762.
    • United States
    • Missouri Court of Appeals
    • January 7, 1930
    ...Pacific Ry. Co., 105 Mo. 361, 16 S.W. 1049; Conrad v. De Montcourt, 138 Mo. 311, 39 S.W. 805; Schneider v. Missouri Pacific Ry. Co., 75 Mo. 295; Sullivan v. Missouri Pacific Ry. Co., 97 Mo. 113, 10 S.W. 852; Mack v. St. Louis Kansas City & Northern Ry. Co., 77 Mo. 232; Weber v. Terminal R. ......
  • Applegate v. Quincy, O. & K. C. R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • June 28, 1913
    ...is said to be faulty in the above particular, and not otherwise. Counsel rely on cases like the Waldhier Case, 71 Mo. 514; Schneider Case, 75 Mo. 295; Watson Case, 133 Mo. 246, 34 S. W. 573; McCarty Case, 144 Mo. 397, 46 S. W. 172; McManamee Case, 135 Mo. 440, 37 S. W. 119; Fulwider Case, 2......
  • Cederson v. Oregon R. & Nav. Co.
    • United States
    • Supreme Court of Oregon
    • November 12, 1900
    ...51 Wis. 567, 8 [38 Or. 352] N.W. 363; Young v. Lynch, 66 Wis. 514, 29 N.W. 224; Railroad Co. v. Wolfe, 80 Ky. 82; Schneider v. Railway Co., 75 Mo. 295; Mack v. Railway Co., 77 Mo. 232; Grinde v. Railroad Co., 42 Iowa, 376. It is most stoutly contended, however, that this court has decided o......
  • Guthrie v. City of St. Charles, No. 36873.
    • United States
    • Missouri Supreme Court
    • June 10, 1941
    ...for they supersede general allegations. Chitty v. Railroad, 148 Mo. 64; Waldhier v. Railroad Co., 71 Mo. 514; Schneider v. Railroad Co., 75 Mo. 295; McNamee v. Railroad Co., 135 Mo. 440. (c) It was error to submit in said instruction the theory that the surface water entering the open manho......
  • Request a trial to view additional results
47 cases
  • Cushulas v. Schroeder and Tremayne, Inc., No. 20762.
    • United States
    • Missouri Court of Appeals
    • January 7, 1930
    ...Pacific Ry. Co., 105 Mo. 361, 16 S.W. 1049; Conrad v. De Montcourt, 138 Mo. 311, 39 S.W. 805; Schneider v. Missouri Pacific Ry. Co., 75 Mo. 295; Sullivan v. Missouri Pacific Ry. Co., 97 Mo. 113, 10 S.W. 852; Mack v. St. Louis Kansas City & Northern Ry. Co., 77 Mo. 232; Weber v. Terminal R. ......
  • Applegate v. Quincy, O. & K. C. R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • June 28, 1913
    ...is said to be faulty in the above particular, and not otherwise. Counsel rely on cases like the Waldhier Case, 71 Mo. 514; Schneider Case, 75 Mo. 295; Watson Case, 133 Mo. 246, 34 S. W. 573; McCarty Case, 144 Mo. 397, 46 S. W. 172; McManamee Case, 135 Mo. 440, 37 S. W. 119; Fulwider Case, 2......
  • Cederson v. Oregon R. & Nav. Co.
    • United States
    • Supreme Court of Oregon
    • November 12, 1900
    ...51 Wis. 567, 8 [38 Or. 352] N.W. 363; Young v. Lynch, 66 Wis. 514, 29 N.W. 224; Railroad Co. v. Wolfe, 80 Ky. 82; Schneider v. Railway Co., 75 Mo. 295; Mack v. Railway Co., 77 Mo. 232; Grinde v. Railroad Co., 42 Iowa, 376. It is most stoutly contended, however, that this court has decided o......
  • Guthrie v. City of St. Charles, No. 36873.
    • United States
    • Missouri Supreme Court
    • June 10, 1941
    ...for they supersede general allegations. Chitty v. Railroad, 148 Mo. 64; Waldhier v. Railroad Co., 71 Mo. 514; Schneider v. Railroad Co., 75 Mo. 295; McNamee v. Railroad Co., 135 Mo. 440. (c) It was error to submit in said instruction the theory that the surface water entering the open manho......
  • Request a trial to view additional results

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