Legal Opinion

Mason v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided April 29, 1898PublishedCited by 16 opinions

Appeal from the Jefferson Circuit Court. — Hon, J. F. Geeen, Judge. The court erred in admitting any testimony under plaintiff’s petition. The court erred in permitting plaintiff to prove and recover upon a different cause of action from the one stated in his petition.

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Appeal from the Jefferson Circuit Court. — Hon, J. F. Geeen, Judge. The court erred in admitting any testimony under plaintiff’s petition. The court erred in permitting plaintiff to prove and recover upon a different cause of action from the one stated in his petition. Wolfhier v. R’y, 71 Mo. 514; Buffington v. R. R., 54 Mo. 246; Price v. R. R., 72 Mo. 414; Edens v. R. R., Ib. 212; Bullene v. Smith, 73 Mo. 151; Ely v. R. R., 77 Mo. 34; Thompson on Trials, secs. 2251, 2252 and 2253; Hoefflinger v. Stafford, 38 Wis. 391; R. R. v. Chastine, 54 Miss. 503; Flannigan v. Wilmington, 4 Houst. (Del.)…

1Opinion of the Court

Bland, P. J. —

*5STATEMENT. *4The petition avers in substance, that on the thirteenth day of April, 1896, the defendant’s servants in charge of its train of passenger ears, received plaintiff as a passenger at its station at Riverside, and undertook to carry him as a passenger to *5Sulphur Springs, a station on the line of its road; that after so receiving him, the conductor of the train failed and refused to stop his train at Sulphur Springs, so as to enable plaintiff to alight in safety, but caused the train to be slowed up at said station to enable respondent to alight, and that the conductor…

2Cases cited1 opinion

  1. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891

3Cited by16 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
  3. Lesser v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
  4. Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
  5. Vanbuskirk v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908

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