Hoffman Heading & Stave Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The letterpress copies of letters from the Hoffman Heading & Stave Company to O. G. Miller, of Cairo, Illinois, were inadmissible in evidence for two reasons: (a) Because the averments in the petition only refer to matters which, occurred in the month of July, 1903, and the letters were all written subsequent to that time.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The letterpress copies of letters from the Hoffman Heading & Stave Company to O. G. Miller, of Cairo, Illinois, were inadmissible in evidence for two reasons: (a) Because the averments in the petition only refer to matters which, occurred in the month of July, 1903, and the letters were all written subsequent to that time. The evidence must correspond with the allegations and be confined to the point in issue. Eddy v. Baldwin, 32 Mo. 369; Halpin Mfg. Co. v. School District, 54 Mo. App. 371; Bailey v. Kansas City, 189…
1Opinion of the CourtGoode, J.
This action was .instituted by the plaintiff corporation to recover damages sustained by it in consequence of the failure of the defendant railroad company to accept and transport freight offered by plaintiff for transportation at defendant’s station of Caney Creek, in Scott county. Defendant appealed from a judgment for plaintiff. In the year 1903, plaintiff was engaged in getting out of the forest elm logs, which it sold to the Disher Hoop & Lumber Company to be manufactured into barrel hoops. Caney Creek is what is known as a “blind station;” that is, one where there is no station house or…
2Cases cited4 opinions
- State v. LentzSupreme Court of Missouri · 1904
- Thayer v. BurchardMassachusetts Supreme Judicial Court · 1868
- Traber v. HicksSupreme Court of Missouri · 1895
- Little Rock & Ft. Smith Railway Co. v. ConatserSupreme Court of Arkansas · 1896
3Cited by5 opinions
- Leavell v. LeavellMissouri Court of Appeals · 1907
- Clark v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1907
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
- Fronk v. FronkMissouri Court of Appeals · 1911
- Hely v. HinermanMissouri Court of Appeals · 1922