Marts v. Powell
Missouri Court of Appeals
Appeal from Phelps County Circuit Court.—Hon. L. B. Woodside, Judge. (1) A plaintiff cannot declare upon one cause of action and recover upon another, and the allegation and proof must substantially correspond. Jones v. Lauderman, 39 Mo. 287; Ischer v. St. Louis Co., 95 Mo. 261; Ingwerson v. Railroad, 205 Mo. 328; Litton v. Railroad, 111 Mo. App. 140; McMastér v. Railroad, 122 Mo. App. 313; Linville v. Green, 125 Mo.
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Appeal from Phelps County Circuit Court.—Hon. L. B. Woodside, Judge. (1) A plaintiff cannot declare upon one cause of action and recover upon another, and the allegation and proof must substantially correspond. Jones v. Lauderman, 39 Mo. 287; Ischer v. St. Louis Co., 95 Mo. 261; Ingwerson v. Railroad, 205 Mo. 328; Litton v. Railroad, 111 Mo. App. 140; McMastér v. Railroad, 122 Mo. App. 313; Linville v. Green, 125 Mo. App. 297; Clements v. Yeats, 69 Mo. 623; Field v. Railroad, 76 Mo. 614; Stix v. Matthews, 75 Mo. 96; Whipple v. Peter Cooper, etc. 55 Mo. App. 554; Johnson, etc., v. Central…
1Opinion of the CourtFarrington, J.
Plaintiff, Columbia Marts, sued for $10,000 actual damages and $5000 punitive damages, alleging that defendant “unlawfully, feloniously, brutishly and violently assaulted” her “with the intent then and- there forcibly and against her will feloniously to ravish and carnally know; that by reason of such assault the plaintiff was greatly frightened, humiliated and injured, and caused to suffer great mental anguish and disgrace,” etc. The answer was a general denial. Upon trial by jury, plaintiff was awarded as her actual damages the sum of $750, punitive damages being expressly disallowed in the…
Also in this document: Concurrence.
2Cases cited14 opinions
- Karnes v. WinnMissouri Court of Appeals · 1907
- Boles v. SmithTennessee Supreme Court · 1859
- Barr & Martin v. JohnsonMissouri Court of Appeals · 1913
- Booher v. TrainerMissouri Court of Appeals · 1913
- Johnson County Savings Bank v. MillsMissouri Court of Appeals · 1910
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3Cited by5 opinions
- Biener v. St. Louis Public Service Co. (mo.app. 1942)Missouri Court of Appeals · 1942
- Corley v. AndrewsMissouri Court of Appeals · 1961
- Edmisten v. DousetteMissouri Court of Appeals · 1960
- Holloway ex rel. Hollaway v. ShepardsonSupreme Court of Missouri · 1953
- Sands v. Kansas CityMissouri Court of Appeals · 1918