Schwarzschild & Sulzberger Co. v. Weeks
Supreme Court of Kansas
Error from Wyandotte district court; E. L. Fischer, judge. STATEMENT. Defendant in error sued to recover for personal injuries occasioned by the operation of a friction hoist used in raising and lowering beeves in a packing-house. The case was here once before, and was reversed for error in the instructions.
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Error from Wyandotte district court; E. L. Fischer, judge. STATEMENT. Defendant in error sued to recover for personal injuries occasioned by the operation of a friction hoist used in raising and lowering beeves in a packing-house. The case was here once before, and was reversed for error in the instructions. (Schwarzschild & Sulzberger Co. v. Weeks, 66 Kan. 800, 72 Pac. 274.) At the close of plaintiff’s testimony upon the second trial he asked leave to amend his petition to conform to the facts proved. Defendant objected, and the court overruled the objection. The amendment was dictated to…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Counsel for plaintiff in error devote a considerable part of their brief to the contention that it was error to allow the amendment, because there was no evidence in support of it, and what there was, if any, was admitted over their objection; that the amendment was not made, in fact, until months after the trial, at the time fixed for the settling and signing of the case-made, and introduced a new cause of action, *193which was barred by the statute of limitations. The case-made shows that permission to make the amendment was asked and granted…
2Cases cited14 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Blanton v. DolbSupreme Court of Missouri · 1891
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jackson v. City of Kansas CitySupreme Court of Kansas · 1984
- Rowell v. City of WichitaSupreme Court of Kansas · 1947
- Durflinger v. ArtilesCourt of Appeals for the Tenth Circuit · 1984
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Luengene v. Consumers Light, Heat & Power Co.Supreme Court of Kansas · 1912
16 more not listed; retrieve them via the Exa API.