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

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.