Lowenstein v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hew. Hugh C. Dabbs, Judge. (1) Having specifically alleged just what acts of negligence caused the injuries complained of, plaintiff must he confined to the negligence pleaded, and, therefore, cannot prove something not among those named. Ely v. Railroad, 77 Mo. 34; Bohn v. Railroad, 106 Mo. 434; Cunningham v. Journal Co., 95 Mo. App. 47; Garven v. Railroad, 100 Mo. App. 621; Lien v. Railroad, 79 Mo. App. 475; Gro. Co. v. Railroad, 89 Mo.
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Appeal from Jasper Circuit Court. — Hew. Hugh C. Dabbs, Judge. (1) Having specifically alleged just what acts of negligence caused the injuries complained of, plaintiff must he confined to the negligence pleaded, and, therefore, cannot prove something not among those named. Ely v. Railroad, 77 Mo. 34; Bohn v. Railroad, 106 Mo. 434; Cunningham v. Journal Co., 95 Mo. App. 47; Garven v. Railroad, 100 Mo. App. 621; Lien v. Railroad, 79 Mo. App. 475; Gro. Co. v. Railroad, 89 Mo. App. 534; Peterson v. Railroad, 156 Mo. 552; Huggart v. Railroad, 134 Mo. 673; Watson v. Railroad, 133 Mo. 246; Lane v.…
1Opinion of the CourtEllison, J.
— The plaintiff was thrown from the top of a wagon load of baled hay as he was going over one of defendant’s crossings of its track near its station at Jasper, in Jasper county. He received an injury for which he brought this action alleging the negligence of the defendant in constructing the crossing. He prevailed in the trial court.
The negligence upon which the action is based is specifically charged to be that, “while defendant had attempted to construct a crossing over its said track, which it invited the public to pass over, yet the same was carelessly and negligently permitted to become…
2Cases cited4 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Garven v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Cunningham v. Journal Co.Missouri Court of Appeals · 1902
3Cited by6 opinions
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Lowenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Reading v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1912
- Craton v. HuntzingerMissouri Court of Appeals · 1912
- Politowitz v. Citizens Telephone Co.Missouri Court of Appeals · 1905
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