Henry Bromschwig Tailors' Trimming Co. v. Missouri , Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from St, Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Although, the petition was filed in a justice court, yet a formal petition was drawn. And, having pleaded formally, the plaintiff should be held to his pleadings.
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Appeal from St, Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) Although, the petition was filed in a justice court, yet a formal petition was drawn. And, having pleaded formally, the plaintiff should be held to his pleadings. But, even if the court declines to apply the same rules to the petition in this case which it would apply to a petition filed in a court of record, yet, nevertheless, even though treated as informal, the distinction between tort and contract is maintained in the justice court' practice. "Wernick v. Railroad, 131 Mo. App. 37; R. S. 1909, secs. 7411, 7412;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the loss of a small parcel of goods shipped by it over defendant’s railroad. Plaintiff recovered and defendant prosecutes the appeal.
The suit originated in the justice court. It is argued the judgment should be reversed for the reason the complaint counts on a negligent, breach of duty with respect to the carriage of the goods and there is naught in the record to suggest'such negligence. Obviously this argument is without force, for though no negligence was shown at the trial, none is charged in the complaint and the judgment may…
2Cases cited9 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Sepetowski v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Hall v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
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