Baxter v. Magill
Missouri Court of Appeals
Appeal from Butler Circuit Court.—Hon. J. G. Sheppard, Judge. (1) The original petition used the word “stamping” and the court, after the close of plaintiff’s case, permitted plaintiff to amend by striking out the word “stamping” and inserting in lieu thereof the word “kicking,” over the objection of the defendant. This was a material change and should not have been permitted, except upon terms.
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Appeal from Butler Circuit Court.—Hon. J. G. Sheppard, Judge. (1) The original petition used the word “stamping” and the court, after the close of plaintiff’s case, permitted plaintiff to amend by striking out the word “stamping” and inserting in lieu thereof the word “kicking,” over the objection of the defendant. This was a material change and should not have been permitted, except upon terms. R. S. 1899, sec. 657. (2) “In all actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages sought to be recovered.” Plaintiff’s…
1Opinion of the CourtNortoni, J.
This is a suit for damages, both compensatory and exemplary, resulting by reason of an assault and battery committed upon the plaintiff by the defendant. The evidence on the part of plaintiff tended to prove that plaintiff, who had been doing some trading at defendant’s store at Hendrickson, was sitting upon a box near the center of the storeroom discussing with the defendant the matter of a public road which passed through defendant’s lands, and plaintiff remarked: “Magill, if I had have been you, I would' have been afraid to have built gates across that road like you did; I would have been…
2Cases cited10 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Beck v. DowellSupreme Court of Missouri · 1892
- Harlan v. MooreSupreme Court of Missouri · 1896
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3Cited by8 opinions
- Baker v. AtkinsMissouri Court of Appeals · 1953
- Hageman v. ArnoldMontana Supreme Court · 1927
- Grand River Dam Authority v. ThompsonCourt of Appeals for the Tenth Circuit · 1941
- Lumatz v. American Car & Foundry Co.Missouri Court of Appeals · 1925
- McMillen v. ElderMissouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.