Ham v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Henry G. Riley, Judge. (1) Tlie plaintiff must recover on the cause of action stated in his petition, and not on one stated in his reply. Moss v. Fitch, 212 Mo. 504; R. S. 1899, sec. 609; Rhodes v. Lbr. Co., 105 Mo. App. 314; McMahill v. Jenkins, 69 Mo. App. 280; Crawford v. Spencer, 36 Mo. App. 82; Mohney v. Reed, 40 Mo. App. 109; Stepp v. Livingston, 72 Mo. App. 179; Jackson v. Powell, 110 Mo.
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Appeal from Pemiscot Circuit Court. — Eon. Henry G. Riley, Judge. (1) Tlie plaintiff must recover on the cause of action stated in his petition, and not on one stated in his reply. Moss v. Fitch, 212 Mo. 504; R. S. 1899, sec. 609; Rhodes v. Lbr. Co., 105 Mo. App. 314; McMahill v. Jenkins, 69 Mo. App. 280; Crawford v. Spencer, 36 Mo. App. 82; Mohney v. Reed, 40 Mo. App. 109; Stepp v. Livingston, 72 Mo. App. 179; Jackson v. Powell, 110 Mo. App. 252; Hill v. Mining Co., 119 Mo. 30; 18 Ency. Pleading and Practice, 690 and 707. (2) On the petition and proof plaintiff was a fellow-servant with the…
1Opinion of the CourtNixon, P. J.
This was a suit brought in the circuit court of Pemiscot county, by a brakeman, formerly in the employ of the appellant, for personal injuries claimed to have been sustained at Blythesville, Arkansas, on October 1, 1907. The petition alleged that while plaintiff was riding on the side of a freight car in the performance of his duties, he was brought in contact with a car on a spur or stub track, placed there by appellant’s servants, so close to the point of intersection with a sidetrack as not to be “in the clear,” whereby plaintiff sustained serious injuries. The charge upon which recovery…
2Cases cited22 opinions
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Moss v. FitchSupreme Court of Missouri · 1908
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3Cited by5 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Davis v. Western Union Telegraph Co.Missouri Court of Appeals · 1918
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Talbert v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1926
- Schwabe v. MooreMissouri Court of Appeals · 1915