Wilson v. Wabash, St. Louis & Pacific Railway Co.

Missouri Court of Appeals

Wilson v. Wabash, St. Louis & Pacific Railway Co.

18 Mo. App. 258, 1885 Mo. App. LEXIS 328

CourtMissouri Court of Appeals

DecidedJune 8, 1885

StatusPublished

Cited by1 cases

This text of 18 Mo. App. 258 (Wilson v. Wabash, St. Louis & Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Wabash, St. Louis & Pacific Railway Co., 18 Mo. App. 258, 1885 Mo. App. LEXIS 328 (Mo. Ct. App. 1885).

Pincite

Opinion

Opinion by

Ellison, J.

The statement is fatally defective. There is an allegation as to where the animal was killed, but none as to-where it strayed upon the track. The point where it strayed on the track is the essential allegation. This must be directly averred, or the statement must be such as to warrant the inference. This case falls directly under that of Nance v. St. L., I. M. & S. Ry. Co. (79 Mo. 196).

The judgment is reversed and the cause remanded..

All concur.

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