George v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. —Eon. Benj. F. Davis, Judge. (1) The plaintiff in his petition alleges that he heard the noise of a flat or defective wheel in his train and knew snch defect to he dangerous to his train. This was an admitted fact, and the court erred in permitting the plaintiff to show that the engine operated by plaintiff was not disabled.
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Appeal from Cape Girardeau Court of Common Pleas. —Eon. Benj. F. Davis, Judge. (1) The plaintiff in his petition alleges that he heard the noise of a flat or defective wheel in his train and knew snch defect to he dangerous to his train. This was an admitted fact, and the court erred in permitting the plaintiff to show that the engine operated by plaintiff was not disabled. It has been the law of Missouri for nearly fifty years that a party cannot be permitted at the trial to contradict the-facts set up by his pleadings 'and this testimony contradicts such facts. Bruce v. Sims, 34 Mo. 246;…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit against the defendant in the Cape Girardeau Court of Common Pleas to recover the sum of twenty thousand dollars damages for personal injuries sustained by him through the alleged negligence of the defendant. A trial was had which resulted in a judgment for plaintiff for the sum of ten thousand dollars. After unsuccessfully moving the court for a new trial, the defendant duly appealed the cause to this court.
As no question is raised as to the sufficiency of the pleadings, which are in the ordinary form, they will he omitted from this statement of the case.…
2Cases cited58 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Blanton v. DolbSupreme Court of Missouri · 1891
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3Cited by41 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Siragusa v. Swedish HospitalWashington Supreme Court · 1962
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
36 more not listed; retrieve them via the Exa API.