Winters v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Biley, Judge. Both suits were for unliquidated damages, and the statute, authorizes the consolidation of suits hy the court, of its own motion, where they are “founded alone upon liquidated demands,” and in no other case.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Biley, Judge. Both suits were for unliquidated damages, and the statute, authorizes the consolidation of suits hy the court, of its own motion, where they are “founded alone upon liquidated demands,” and in no other case. R. S. 1899, sec. 749; Anderson v. Gaines, 156 Mo. 668. (1) As to the alleged error of trial court in combining the two cases on its own motion; such action on the part of the court was done at the invitation of the appellant, and if this were technically erroneous, the court was led into it by appellant. “Appellant cannot…
1Opinion of the CourtGoode, J.
Two separate actions were instituted in idle circuit court between these parties to recover damages for injuries to stock. In one of the actions the petition contained two counts to recover the value of two horses alleged to have been damaged by running against a barbed wire fence while under the influence of fright induced by a passing train. Each count alleges defendant’s line of railroad was not inclosed by a good and lawful fence at the point where the horses entered. The other action was instituted to recover double damages for injuries to a horse struck by a train, said horse having…
2Cases cited16 opinions
- Anderson v. GainesSupreme Court of Missouri · 1900
- Smith v. SmithCalifornia Supreme Court · 1889
- Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
- Thompson v. ShepherdNew York Supreme Court · 1812
- Gross v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1896
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3Cited by1 opinion
- Jegglin v. OrrMissouri Court of Appeals · 1930