Russell v. Hannibal & St. Joseph Railroad

Citations

• 83 Mo. 507

Syllabus

<p>1. Railroads : vences. Railroads are neither required nor permitted to fence in their tracks where they run through incorporated towns laid off into streets and thoroughfares, nor to fence up their stations.'</p> <p>2. --: KILLING STOCK: pleading : statute. A statement in an action before a justice of the peace against a railroad for single damages-for killing stock, based upon R. S., sec. 2124, should allege that the defendant might have enclosed with a lawful fence that portion of the road on which the accident occurred.</p> <p>3. Pleading : statute : exception. Where an exception to the right of the plaintiff to recover is contained in the same section of the statute which gives the right of action, the petition must be so framed as to show that the defendant is not within the exception.</p> <p>4. Pleading: several counts : aider. Unless a count in a petition expressly refers to another count therein, an omission in the former to aver a constitutive fact cannot be aided by such other count.</p>