Ordelheide v. Wabash Railroad Co.
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. The petition, the answer, the demurrer to the answer, the stipulation, the argument of counsel and the opinion of the court, all preserved in the record, show very plainly what the issues were and the theory upon which the case was tried, in the circuit court, and that the provisions of the constitution, the statute and the rule of our appellate courts were considered and discussed.
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Appeal from the Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. The petition, the answer, the demurrer to the answer, the stipulation, the argument of counsel and the opinion of the court, all preserved in the record, show very plainly what the issues were and the theory upon which the case was tried, in the circuit court, and that the provisions of the constitution, the statute and the rule of our appellate courts were considered and discussed. The appellant will not be permitted to chang’e the issues in the case, in this court, or to try the case upon a theory different from that…
1Opinion of the CourtBland, P. J.
The-petition is as follows: “Plaintiff states that the defendant is a corporation duly incorporated under and by virtue of the laws of the state of Missouri, and was at the time of the grievance hereinafter mentioned, as such corporation, the owner and occupier of a certain railroad, together with depots, switches, sidetracks, and facilities for receiving and unloading freight, stock and goods, which said railroad runs through the counties of Warren and Montgomery, in the state of Missouri, and as said corporation was at said time operating, working, managing and running its said railroad by…
2Cases cited9 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Griswold v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- Berning v. MedartMissouri Court of Appeals · 1894
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3Cited by4 opinions
- Slocumb v. Raleigh, Charlotte & Southern RailroadSupreme Court of North Carolina · 1914
- Ordelheide v. Wabash RailroadSupreme Court of Missouri · 1903
- Rodier v. Kline's Inc.Missouri Court of Appeals · 1932
- State v. BennMissouri Court of Appeals · 1902