Minter v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Olay Circuit Court. — IIon. George W. Dunn, Judge. The original statement was a common law action; the amended statement was under the damage act. “ It is evident that the whole cause of action was here changed. Instead of a common law action it was based on a statutory provision, clothed with new incidents and requiring different proofs.” Mansberger v. Iiailroacl Go., 48 Mo. 199. The lower court did not err in permitting the amendment.
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Appeal from Olay Circuit Court. — IIon. George W. Dunn, Judge. The original statement was a common law action; the amended statement was under the damage act. “ It is evident that the whole cause of action was here changed. Instead of a common law action it was based on a statutory provision, clothed with new incidents and requiring different proofs.” Mansberger v. Iiailroacl Go., 48 Mo. 199. The lower court did not err in permitting the amendment. Calvert v. Railroad Co., 34 Mo. 242, and 38 Mo. 467; Iba v. Railroad Co., 45 Mo. 470; Norton v. Railroad Co., 48 Mo. 388; Iby v. Railroad Co., 54…
1Opinion of the Court
Philips, C.
This action was begun before a justice of tne peace by filing the following amended statement:
Hannibal and St. Joseph Railroad Company,
To John E. Minter, Dr.
Eor killing three hogs, his property, on the 31st of
July, 1881, at Arnold station, in Gallatin township, Clay county, Missouri...........................$22.00
Plaintiff' recovered judgment from which defendant appealed to the circuit court. In the circuit court the plaintiff against the objection of defendant, by leave of the court, filed the following statement:
Hannibal and St. Joseph Railroad Company
To John E. Minter, Dr.
To…
2Cases cited6 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Braxton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Calvert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- Rippee v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Boone v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
12 more not listed; retrieve them via the Exa API.