Wilbur v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The petition of plaintiff in its allegation, is not sufficient to authorize the introduction of any evidence as to the kind, character and extent of his injuries, if any. R. S. 1899', sec. 592. (2) A plaintiff must state the facts constituting his cause of action. ITe cannot state one and prove another, nor if he states none, can he supply the defect by evidence at the trial.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The petition of plaintiff in its allegation, is not sufficient to authorize the introduction of any evidence as to the kind, character and extent of his injuries, if any. R. S. 1899', sec. 592. (2) A plaintiff must state the facts constituting his cause of action. ITe cannot state one and prove another, nor if he states none, can he supply the defect by evidence at the trial. Field v. Railway, 76 Mo. 617; Sidway v. Stock Co., 163 Mo. 172; 13 Ency. of Law and Procedure, 183; Lanitz v. King, 93 Mo. 519; Pier v. Heinrichoffen, 52…
1Opinion of the CourtJohnson, J.
— This is a suit for damages resulting from personal injuries. The verdict and judgment were for plaintiff. Defendant appealed. On August 12, 1903, plaintiff was a passenger upon a car propelled by electricity which defendant was running for the carriage of passengers upon its line of railroad in Jasper county. The car collided with another. Plaintiff testified that as a result thereof he was thrown violently from the car against an adjacent fence from which he rebounded to the ground.
*693Over the objections of defendant the plaintiff was permitted to introduce evidence of various bodily…
2Cases cited31 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Finney v. BerrySupreme Court of Missouri · 1875
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bowie v. City of KansasSupreme Court of Missouri · 1873
26 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- State Ex Rel. Kansas City Public Service Co. v. ShainSupreme Court of Missouri · 1942
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Clark v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1929
- Myers v. AdlerMissouri Court of Appeals · 1915
19 more not listed; retrieve them via the Exa API.