Chitty v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The plaintiff in his petition pleaded one cause of action and was permitted to recover upon another and different cause of action. Tarnell v. Railroad, 113 Mo. 570; Chitty v. Railroad, 148 Mo. 64; Waldheir v. Railroad, 71 Mo. 514; Mason v. Railroad, 75 Mo.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The plaintiff in his petition pleaded one cause of action and was permitted to recover upon another and different cause of action. Tarnell v. Railroad, 113 Mo. 570; Chitty v. Railroad, 148 Mo. 64; Waldheir v. Railroad, 71 Mo. 514; Mason v. Railroad, 75 Mo. App. 1; Hite v. Railroad, 130 Mo. 136; Milling Co. v. Transit Co., 122 Mo. 277; Melvin v. Railroad, 89 Mo. 106; Woods v. Campbell, 110 Mo. 572. (2) The plaintiff, having alleged in his petition a specific act of negligence as a right of recovery, to-wit, a collision of…
1Opinion of the Court
I
MARSHALL, J.
This the second appeal in this case. When the case was here before, the judgment of the circuit court in plaintiff’s favor for $15,000 damages was reversed for the errors in law then pointed out. [Chitty v. Railroad, 148 *439Mo. 64.] Afterwards, tbe defendant obtained a change of venire from Scott to Stoddard county, where the case was. tried anew and again resulted in a verdict and judgment for the plaintiff for $15,000, and defendant has again appealed.
On the former appeal it was held that a party can not count upon one cause of action and recover upon another, even though such…
2Cases cited8 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
- Bolton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
14 more not listed; retrieve them via the Exa API.