Whitecotton v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Ho». D. H. Ely, Judge. (1) A party can recover only on a canse of action existing at the date of the institution of his suit, and even though by reason of events transpiring subsequent to the filing of a suit, a plaintiff may acquire a cause of action, yet the test of a defendant’s liability relates back to the time of the institution of the suit, and a plaintiff can not recover on a subsequently acquired cause of action even by an…
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Appeal from Ralls Circuit Court. — Ho». D. H. Ely, Judge. (1) A party can recover only on a canse of action existing at the date of the institution of his suit, and even though by reason of events transpiring subsequent to the filing of a suit, a plaintiff may acquire a cause of action, yet the test of a defendant’s liability relates back to the time of the institution of the suit, and a plaintiff can not recover on a subsequently acquired cause of action even by an amendment of his petition. Boatmen’s Sav. Bk. v. McMenamy, Admr., 35 Mo. App. 206; Brown v. Shock, 27 Mo. App. 355; Mason v.…
1Opinion of the CourtGoode, J.
Judgment was given against the appellant for the value of a strip of ground used by it as a right-of-way through a farm owned by the respondent; and the judgment is now assailed for reasons arising on the mode in which the respondent acquired the -farm which previously had belonged to Geo-. W. Briggs. While Briggs owned it he gave three deeds of trust on it to WilliarA Christian as trustee for A. R. Levering, and subsequently, in 1891, and 1892, made quitclaim deeds *69to the St. Louis, Hannibal and Kansas City Railroad Company, predecessor of the appellant, for the strip whose value is the…
2Cases cited8 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1894
- Simerson v. Branch Bank at DecaturSupreme Court of Alabama · 1847
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3Cited by5 opinions
- Spain v. City of Cape GirardeauMissouri Court of Appeals · 1972
- Turner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Callison v. Wabash Railway Co.Missouri Court of Appeals · 1925
- City of St. Louis v. MoehlenhoffMissouri Court of Appeals · 1959
- Lambert v. Big Medicine Drainage District No. 1Missouri Court of Appeals · 1924