Schwab Clothing Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. • The statutory requirement that an amendment shall not change substantially the claim or defense, does not refer to the form of the remedy, but to the “general identity of the transaction forming the cause of the complaint.”
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. • The statutory requirement that an amendment shall not change substantially the claim or defense, does not refer to the form of the remedy, but to the “general identity of the transaction forming the cause of the complaint.” Culp v. Steer, 47 Kan. 746; Spice v. Steimveeh, 14 Ohio St. 213; Williamson v. B. R., 51 N. W. Rep. 60; Daley v. Gates, 65 Vt. 592; Coby v. Ibert, 25 N. Y. Supp. 998. Nothing is gained by requiring the dismissal of a suit and the institution of a new one, when the same thing can be accomplished by…
1Opinion of the CourtBiggs, J.
This is an action for damages for the violation of a contract of affreightment. It was averred in the original petition that the goods were delivered by plaintiff to defendant for transportation to Santa Anna in the state of Texas; that the liability of the defendant as to the shipment was confined to its own line; that it negligently failed to deliver the goods to a connecting carrier, by reason of which they did not reach their destination within a reasonable time; that subsequently the plaintiff was compelled to duplicate the shipment, and that about a year thereafter the defendant…
2Cases cited11 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Culp v. SteereSupreme Court of Kansas · 1892
- Fields v. MaloneySupreme Court of Missouri · 1883
- Parker v. RodesSupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Miller v. MunzerMissouri Court of Appeals · 1952
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- Jensen v. HinderksSupreme Court of Missouri · 1936
- Stewart v. Van HorneMissouri Court of Appeals · 1902
- United States Casualty Co. v. District of Columbia ex rel. North American Cement Corp.Court of Appeals for the D.C. Circuit · 1939
11 more not listed; retrieve them via the Exa API.