Spurlock v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. Jas. B. Gantt, Judge. Admitting that the petitions were all insufficient, the court erred in refusing to allow the plaintiff to file his petition, because three petitions had not been adjudged bad on demurrer or motion to strike out. A practice has been introduced of demurring to the introduction of evidence when the petition is defective, which should not be allowed. That should not count in this case.
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Appeal from Benton Circuit Court. — Hon. Jas. B. Gantt, Judge. Admitting that the petitions were all insufficient, the court erred in refusing to allow the plaintiff to file his petition, because three petitions had not been adjudged bad on demurrer or motion to strike out. A practice has been introduced of demurring to the introduction of evidence when the petition is defective, which should not be allowed. That should not count in this case. (1) The plaintiff waived any and all objections to the action of the court sustaining defendant’s objection to the admission of any testimony under his…
1Opinion of the CourtRay, J.
This was an action by a railway passenger, for personal injuries sustained, by being wrongfully and rudely seized and ejected from a passenger coach, while lawfully therein, by the servants and employes of defendant company. At the trial of the cause, defendant objected to the introduction of any evidence, on the ground that the petition failed to state a cause of action. This objection was sustained by the court, and the plaintiff, with leave of court, filed an amended petition, to which the defendant interposed a demurrer for like reason. This demurrer was sustained, and the plaintiff filed…
2Cases cited1 opinion
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
3Cited by7 opinions
- Barton Bros. v. MartinMissouri Court of Appeals · 1893
- Swing v. Karges Furniture Co.Missouri Court of Appeals · 1910
- Bank of Tupelo v. StonumMissouri Court of Appeals · 1926
- Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1904
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1906
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