Tuck v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. A. H. Wear, Special Judge. (1) Tbe petition does not state a cause of action and tbe objection to tbe introduction of any evidence as well as tbe motion in arrest of judgment should have been sustained. Brown v. Gape Girardeau, 90 Mo. 377; Maker v. Faulbaber, 94 Mo. 430. (2) Tbe remark by tbe court during tbe progress of tbe trial was a comment on tbe evidence and1 unwarranted.
Read the full summary
Appeal from Greene Circuit Court. — Hon. A. H. Wear, Special Judge. (1) Tbe petition does not state a cause of action and tbe objection to tbe introduction of any evidence as well as tbe motion in arrest of judgment should have been sustained. Brown v. Gape Girardeau, 90 Mo. 377; Maker v. Faulbaber, 94 Mo. 430. (2) Tbe remark by tbe court during tbe progress of tbe trial was a comment on tbe evidence and1 unwarranted. Eck-bard v. Transit Go., 190 Mo. 620; Shanahan v. Transit Go.,. 109 Mo. App. 228; Imboden v. Transit Go., Ill Mo. App. 220. (3) The remarks and conduct of M'r. Davies, counsel…
1Opinion of the CourtNixon, P. J.
(after stating the facts).—
I. One of the grounds assigned as error in this case is that the petition is not sufficient and that the allegations are too general to authorize a recovery.
It is to be noted that no objection was made to the petition until after answer had been filed, and that the objection then only went to the introduction of evidence. While some objection may be justly made to the form of the petition as not being very artistic, it is sufficient to apprise the defendant of the acts complained of and upon which its culpability rested. It is true that the petition is not very…
2Cases cited7 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Conrad v. De MontcourtSupreme Court of Missouri · 1897
- Shaw v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Critcher v. Rudy Fick, Inc.Supreme Court of Missouri · 1958
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Duncan v. PinkstonSupreme Court of Missouri · 1960
- Lindsey v. PJ Hamill Transfer CompanyMissouri Court of Appeals · 1966
- State v. BurnsSupreme Court of Missouri · 1921
7 more not listed; retrieve them via the Exa API.