Craig v. Wabash Railroad
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. Where plaintiff’s petition contains averments unnecessary to make his case, he need not prove all the facts so averred. Pattison’s Mo. Code Plead., sec. 74; Gann v. Railroad, 72 Mo. App. 34; Radcliffe v. Railroad, ' 90 Mo. 127; Campbell v. Railroad, 121 Mo. 340; Walker v. Railroad, 68 Mo. App. 465. (1) Plaintiff must recover on the cause of action alleged in his petition.
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Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. Where plaintiff’s petition contains averments unnecessary to make his case, he need not prove all the facts so averred. Pattison’s Mo. Code Plead., sec. 74; Gann v. Railroad, 72 Mo. App. 34; Radcliffe v. Railroad, ' 90 Mo. 127; Campbell v. Railroad, 121 Mo. 340; Walker v. Railroad, 68 Mo. App. 465. (1) Plaintiff must recover on the cause of action alleged in his petition. He cannot plead one cause of action and recover on another or different cause of action. Bond v. Railroad, 110 Mo. App. 138; Behen v. Transit Co., 196 M'o.…
1Opinion of the CourtBroaddus, P. J.
This is an action, by plaintiff, to recover damages for injuries he alleges he received as a passenger, as the result of defendant’s negligence while he was in the act of getting off of one of its cars. On January 20, 1908, plaintiff took passage on defendant’s train at Carrollton, Missouri, for Miami. The train when it reached the latter place went beyond the usual stopping place at the station, then stopped. After it stopped plaintiff got up from his seat and went out upon the platform preparatory to getting off. About this time the train started backward towards the usual stopping place,…
2Cases cited7 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Duffy v. St. Louis Transit Co.Missouri Court of Appeals · 1904
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3Cited by3 opinions
- Lacks v. Wells.Supreme Court of Missouri · 1931
- Smuzynski v. East St. Louis Railway Co.Missouri Court of Appeals · 1936
- Swiastyn v. St. Joseph Light & Power Co.Missouri Court of Appeals · 1970