Quick v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Quick v. Hannibal & St. Joseph Railroad

31 Mo. 399

CourtSupreme Court of Missouri

DecidedJanuary 15, 1861

StatusPublished

Cited by1 cases

This text of 31 Mo. 399 (Quick v. Hannibal & St. Joseph Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quick v. Hannibal & St. Joseph Railroad, 31 Mo. 399 (Mo. 1861).

Pincite

Opinion

Napton, Judge,

delivered the opinion of the court.

This petition is deficient. It neither avers negligence nor misfeasance, nor states facts which would render such an averment unnecessary. It is stated that the road was not fenced according to law; but it is not stated that the injury was committed where there was no fence, and where there was no crossing, or one without suitable cattle-guards. The demurrer ought to have been sustained. (Burton v. North Mo. R. R., 30 Mo. p. 372.)

Judgment reversed and case remanded;

Judge Ewing concurs. Judge Scott absent.

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