Poncot v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two.—Hon. D. E. Blair, Judge. (1) There are two tests by which to determine whether an amended petition is a departure from the original and states a new cause of action: First, whether the same evidence will support the petitions, and second, whether the same measure of damages will apply to both. If these tests are answerable in the affirmative it is an amendment; if in the negative it is a substitution.
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Appeal from Jasper County Circuit Court, Division Number Two.—Hon. D. E. Blair, Judge. (1) There are two tests by which to determine whether an amended petition is a departure from the original and states a new cause of action: First, whether the same evidence will support the petitions, and second, whether the same measure of damages will apply to both. If these tests are answerable in the affirmative it is an amendment; if in the negative it is a substitution. Liese v. Meyers, 143 Mo. 547; Robertson v. Springfield & S. R. Co., 21 Mo. App. 633; Walker v. Railroad, 193 Mo. 472; Grigsby v.…
1Opinion of the CourtRobertson, P. J.
Plaintiff has appealed from ' the following judgment entered June 18, 1913:
“It appearing to the court that the plaintiff has failed to appear and prosecute this cause, it is .-therefore ordered by the court that this cause be and the same is hereby dismissed; that the defendant be discharged and recover of and from the plaintiff the costs of this case, and that execution issue therefor.”
The history of the case is as follows: On May 17, 1912, the plaintiff filed in the circuit court his original petition seeking to .recover for damages to *228his crops caused by the flooding of his land by the…
2Cases cited12 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
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3Cited by4 opinions
- Guhman v. GrotheSupreme Court of Missouri · 1940
- White v. Wabash Railroad Co.Missouri Court of Appeals · 1947
- Mississippi Valley Trust Co. v. FrankeMissouri Court of Appeals · 1925
- Morse v. EvansMissouri Court of Appeals · 1956