Geiser v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court.—Hon. Henry C. Riley, Judge. (1) The court erred in overruling defendant’s motion to strike out plaintiff’s amended petition for the reason that said amended petition stated a new and different cause of action from that stated in his complaint filed before Justice Hinton. Gregory v. Railroad, 20 Mo. App. 448; Holliday v. Jackson, 21 Mo. App. 464; McCormack v. Kaye, 41 Mo. App. 268; Sturgis v. Botts, 24 Mo.
Read the full summary
Appeal from the Cape Girardeau Circuit Court.—Hon. Henry C. Riley, Judge. (1) The court erred in overruling defendant’s motion to strike out plaintiff’s amended petition for the reason that said amended petition stated a new and different cause of action from that stated in his complaint filed before Justice Hinton. Gregory v. Railroad, 20 Mo. App. 448; Holliday v. Jackson, 21 Mo. App. 464; McCormack v. Kaye, 41 Mo. App. 268; Sturgis v. Botts, 24 Mo. App. 286; Yoimg v. Railroad, 33 Mo. App. 518; Scovill v. Glassner, 79 Mo. 449; Foster v. Railroad, 90 Mo. 116; Hesse v. Railroad, 36 Mo. App.…
1Opinion of the CourtBiggs, J.
—The plaintiff recovered a judgment against the defendant, under section 2612 of the Revised Statutes of 1889, for $100, the value of a mule alleged to have been injured and killed by the defendant. The court also taxed as costs in the case the sum of $25 for attorney’s fee, as provided by the next succeeding section. It was alleged in the complaint that, at the point where the mule came upon the track of the railroad and was killed, the right of way was not fenced; that the animal was frightened by a passing locomotive and ran into a trestle, causing injuries which resulted in its death. The…
2Cases cited6 opinions
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1889
- Jackson v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Frisby v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Brown v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
6 more not listed; retrieve them via the Exa API.