Sloan v. Missouri Pacific Ry. Co.
Decision Date | 31 October 1881 |
Citation | 74 Mo. 47 |
Parties | SLOAN v. THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant. |
Court | Missouri Supreme Court |
Appeal from Cass Circuit Court.--HON. NOAH M. GIVAN, Judge.
REVERSED.
Portis & Andrews for appellant.
N. J. Thompson for respondent.
This was an action originally instituted before a justice of the peace under section 809 of the Revised Statutes, to recover double the value of a cow alleged to have been killed by the engine and cars of the defendant. The plaintiff recovered judgment before the justice and in the circuit court, and the defendant has appealed to this court. The complaint filed with the justice, and on which the cause was tried in the circuit court, is as follows:
The foregoing statement, it will be seen, contains no averment that the injury complained of was occasioned by the failure of the defendant to erect and maintain fences as required by law, nor does it contain any equivalent averment or any averment from which it might be inferred that the injury was occasioned by such failure. On the contrary, it is expressly alleged that the injury was occasioned by the negligence and carelessness of defendant's agents and servants in running its engines and cars, although it is also stated that the injury occurred at a place where there were no fences, as required by law. It has been several times decided by this court, that in a suit under the 43rd section of the railroad corporation law, (now section 809 of the Revised Statutes,) the complaint must allege that the injury complained of was occasioned by the...
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Radcliffe v. St. Louis, Iron Mountain & Southern Railway Co.
... ... fences, etc. Tucker v. Railroad, 67 Mo. 245; ... Cunningham v. Railroad, 70 Mo. 202; Sloan v ... Railroad, 74 Mo. 47. (3) Nor does the statement allege a ... cause of action under section ... states that defendant is an incorporated company under the ... laws of the state of Missouri; that on the twenty-eighth day ... of September, 1882, it was the owner of, and operating, a ... ...
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McIntosh v. Hannibal & St. J. R. Co.
...under any obligation to fence its track at the point mentioned. Field v. Railroad, 76 Mo. 614; Parrish v. Railroad, 63 Mo. 284; Sloan v. Railroad, 74 Mo. 47; Bates Railroad, 74 Mo. 60; Rowland v. Railroad, 73 Mo. 619; Johnson v. Railroad, 76 Mo. 553; Hudgens v. Railroad, 79 Mo. 418; Nance v......
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Tickell v. St. Louis, Iron Mountain & Southern Railway Co.
...fences at the point where lawfully required so to do. Morrow v. Railroad, 82 Mo. 169; Cunningham v. Railroad, 70 Mo. 202; Sloan v. Railroad, 74 Mo. 47; v. Railroad, 67 Mo. 245; Asher v. Railroad, 79 Mo. 432. Nor does said petition negative the fact that said injuries took place, not within ......
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Marrett v. Hannibal & St. Joseph R.R. Co.
...because of the want of a fence. Luckie v. Ry. Co., 67 Mo. 245; Cunningham v. Ry. Co., 70 Mo. 202; Rowland v. Ry. Co., 73 Mo. 619; Sloan v. Ry. Co., 74 Mo. 47; Morrow v. Ry. Co., 74 Mo. 82. (2) The petition is further defective in that it does not show that the point where the animal got upo......