Schneider v. Missouri Pacific Ry. Co.

• Decision Date: 30 April 1882
• Citation: 75 Mo. 295
• Parties: SCHNEIDER v. THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.
• Court: Missouri Supreme Court

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.

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...