Koffman v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal from G-reene Circuit Court. — Hon. James T. Neville, Judge. STATEMENT OF THE CASE. According to the petition in this case, Koffman’s leg was broken by a collision with one of the defendant railway company’s cars, due to its negligent handling by the employees in charge of it.
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Appeal from G-reene Circuit Court. — Hon. James T. Neville, Judge. STATEMENT OF THE CASE. According to the petition in this case, Koffman’s leg was broken by a collision with one of the defendant railway company’s cars, due to its negligent handling by the employees in charge of it. The petition further states that immediately after the accident the railway •company caused its regular physician and surgeon to attend the plaintiff while he was in an unconscious condition, and in order to secure a settlement of the plaintiff’s claim against it for damages on account of the injury, afterwards…
1Opinion of the CourtGoode, J.
The two assignments of error on account of the circuit court’s action in striking out those allegations of the replication which stated facts' in avoidance of the written contract and in excluding the testimony offered in support of said allegations, involve the same question and may be considered together. Indeed, the rejected portion of the replication and the rejected proof supplement each other in elucidating the theory on which the appellant demanded a recovery. He sought to get around the effect of the written contract by showing he signed it under a mistake as to its. contents,…
2Cases cited17 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Crim v. CrimSupreme Court of Missouri · 1901
- Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
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3Cited by3 opinions
- State ex rel. Cardwell v. StuartMissouri Court of Appeals · 1905
- Putnam v. BoyerMissouri Court of Appeals · 1913
- Lauffer v. SmithSupreme Court of Missouri · 1935