Bauman v. Boeckeler
Supreme Court of Missouri
Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in permitting the plaintiff to amend the petition after the jury was sworn.
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Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in permitting the plaintiff to amend the petition after the jury was sworn. (2) The court erred in permitting plaintiff to introduce any evidence in the case. 7 G-ray (Mass.), 104; Lane v. Atlantic Works, 111 Mass. 136; Lyons v. Inhabitants, 119 Mass. 491; Hughs v. Macfie, 2 Hurl. & Colt. 744; Mangan v. Atterton, L. R., 1 Exch. 239; McGee v. Carro, 9 0. L. J., 281; Newson v. Railroad, 23 N. T. 388; Garter v. Town, 103 Mass. 407; Hofnagle v. Railroad, 55 N. T. 608; Parker v. Cohoes, 10 Hunt, 531;…
1Opinion of the CourtBrace, J.
In this action, the plaintiff, who is a minor suing by his next friend, seeks to recover damages for injuries received by him from the falling of a large gate belonging to and on the premises of the defendant Boeckeler, which were at the time leased to the defendant, the Hill-Settle Tobacco Company, alleging in his petition that on the thirtieth of December, 1888, he was struck by the heavy post of said falling gate while standing in a public alley, contiguous to said premises, in city block 42, in the city of St. Louis, and which post he alleges was then, and for a long time prior thereto…
2Cases cited9 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Brinck v. CollierSupreme Court of Missouri · 1874
- Landis v. HamiltonSupreme Court of Missouri · 1883
- State v. WaltersSupreme Court of Missouri · 1879
- State v. WellsSupreme Court of Missouri · 1879
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3Cited by11 opinions
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Moore v. FowlerOregon Supreme Court · 1911
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Field v. MarkSupreme Court of Missouri · 1894
- City of Clatskanie v. McDonaldOregon Supreme Court · 1917
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