Lottman v. Barnett
Supreme Court of Missouri
Jippeal from, St. Louis Circuit Court. I. The demurrer to the plea of limitations was improperly sustained. The amended petition set up a new cause of action founded upon a different section of the statnté from that on which the original petition was based, and requiring different evidence in its support. The charge, the evidence and the penalty were different in each.
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Jippeal from, St. Louis Circuit Court. I. The demurrer to the plea of limitations was improperly sustained. The amended petition set up a new cause of action founded upon a different section of the statnté from that on which the original petition was based, and requiring different evidence in its support. The charge, the evidence and the penalty were different in each. (Buel vs. St. Louis Transfer Co., 45 Mo., 562-63 ; Dudley vs. Price, 10 B. Mon., 8S ; Hyatt vs. Bank of Ky., 8 Bush., 192-200; Roe vs. Doe, 30 Ga., 873-875; King and Wife vs. Avery, 37 Ala., 169; Christman vs. Mitchell, 3 Ired.…
1Opinion of the CourtNapton, Judge
At the April term, 1870, of the St. Louis circuit court, a petition was filed by the plaintiff against eight defendants, of whom the present defendant was one, stating that she was the widow of F. A. Lottman, and that her husband was a carpenter, engaged in the construction of the building on the corner of Fifth and Olive, the property of the defendants, and while so engaged, was killed by the falling of the southern portion of said building; that her husband’s death was occasioned by the carelessness, negligence and default of defendants and their servants in the consti-uction of said…
2Cases cited3 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Buel v. St. Louis Transfer Co.Supreme Court of Missouri · 1870
- Thompson v. MoselySupreme Court of Missouri · 1860
3Cited by49 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Lough v. John Davis & Co.Washington Supreme Court · 1902
- Pope v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1918
- Kelly v. TyraSupreme Court of Minnesota · 1908
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