Babcock v. United Railways Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (I) It will be seen by an examination of tbe pleadings that this question of ratification was not in tbe case. Tbe appellate courts of tbe state bave, in a long and unbroken line of decisions, declared that tbe issue of ratification or estoppel must be raised by tbe pleadings, Webb v. Allington, 27 Mo. App. 559; Farnau v. Whitford, 39 Mo.. App. 311; McClanaban v. Payne, 86 Mo.
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Appeal from. St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (I) It will be seen by an examination of tbe pleadings that this question of ratification was not in tbe case. Tbe appellate courts of tbe state bave, in a long and unbroken line of decisions, declared that tbe issue of ratification or estoppel must be raised by tbe pleadings, Webb v. Allington, 27 Mo. App. 559; Farnau v. Whitford, 39 Mo.. App. 311; McClanaban v. Payne, 86 Mo. App. 292. (2) The court also erred in holding that, under the evidence, plaintiff ratified the unauthorized and illegal act of attorney Sumner in…
1Opinion of the CourtReynolds, P. J.
This is an action in which plaintiff sought to recover as damages, for expenditures made and for which he had become liable, and for the deprivation of the society and companionship and services of his wife, by reason of her having been injured, as is alleged, by the carelessness and negligence of defendant and its agents in the operation and conduct of a street car in which the wife was at the time a passenger, the accident occurring in the city of St. Louis. For these plaintiff demanded judgment for $4400 and costs.
The answer, after a general denial and averment of contributory negligence…
2Cases cited2 opinions
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Cravens v. GillilanSupreme Court of Missouri · 1881
3Cited by4 opinions
- Hannah v. ButtsMissouri Court of Appeals · 1929
- Denver Joint Stock Land Bank of Denver v. ShermanMissouri Court of Appeals · 1941
- New York Life Ins. Co. v. ReesCourt of Appeals for the Eighth Circuit · 1927
- New York Life Ins. Co. v. ReesCourt of Appeals for the Eighth Circuit · 1927