Gessley v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon. George -H. Burckhartt, Judge. The case is stated in the opinion. (1) Appellant relies for reversal on the following points, to-wit: (a) The petition is so inexplicit as that appellant could not gather from it in what the negligence consisted on which appellee relied to make out his case, and no evidence should have been allowed introduced against defendant’s objections.
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Appeal from Howard Circuit Court. — Hon. George -H. Burckhartt, Judge. The case is stated in the opinion. (1) Appellant relies for reversal on the following points, to-wit: (a) The petition is so inexplicit as that appellant could not gather from it in what the negligence consisted on which appellee relied to make out his case, and no evidence should have been allowed introduced against defendant’s objections. (b) The evidence offered by the appellee did not sustain the allegations of the petition on material points, without the proof of which there could be no recovery, and showed that…
1Opinion of the CourtHall, J.
— This was an action for damages on account of personal injuries alleged to have been caused by the defendant’s negligence.
The material portion of the petition is as follows: “That on or about the eleventh day of June, A. D., *4171885, plaintiff entered into a contract with defendant, that defendant, in consideration of the sum of thirty-two dollars and ninety-five cents, agreed to be paid by plaintiff, agreed to carry a car-load of lumber from Franklin station, in Howard county, Missouri, to Kansas City, Missouri ; that it was necessary for defendant, preparatory to the shipment of said…
2Cited by7 opinions
- Lovell v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Fix Fuel and Material Company, a Corporation v. Wabash Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1957
- Hudgens v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Nelson v. Wabash RailroadMissouri Court of Appeals · 1908
- McQuitty v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1917
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