Wilson v. Scott
Missouri Court of Appeals
Appeal from, the Barton Cirmit Court. — Hon. D. P. Stratton, Judge. (1) Amendment not allowed where change of cause of action, if motion made to strike out in suitable time. Fields v. Mahoney, 78 Mo. 172; Sims v. Field, 24 Mo. App. 557; Gourley v. Railroad, 35 Mo. App. 87. (2) Trial of case in defendant’s absence was error, because contested cases never tried on first day of term in the trial court.
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Appeal from, the Barton Cirmit Court. — Hon. D. P. Stratton, Judge. (1) Amendment not allowed where change of cause of action, if motion made to strike out in suitable time. Fields v. Mahoney, 78 Mo. 172; Sims v. Field, 24 Mo. App. 557; Gourley v. Railroad, 35 Mo. App. 87. (2) Trial of case in defendant’s absence was error, because contested cases never tried on first day of term in the trial court. O’Fallon v. Davis, 38 Mo. 269. It is improper to admit evidence regarding similar accidents at the same place and by the same machine. Black on Proof & Practice in Accident Cases, sec. 35, p. 41.…
1Opinion of the CourtEllisoh, J.
— This cause is based on a petition for personal injuries received by plaintiff while in the employ of defendants in operating a derrick used at the time of the injury in raising large stones.
There was a trial resulting in a verdict for defendants, which verdict was afterwards, on the plaintiff ’s motion, set aside, a new trial granted and the cause continued. No exception was taken by defendants. The case afterwards appeared on the docket for the first day of the term, and, being called for trial, the defendants failed to appear either in person or by attorney. A jury was impaneled, and a…
2Cases cited2 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Hubbard v. QuisenberryMissouri Court of Appeals · 1888
3Cited by3 opinions
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- Cavanaugh v. McCollMissouri Court of Appeals · 1915
- Sigaloff v. Independent Breweries CompaniesMissouri Court of Appeals · 1910