Mathew v. Wabash Railroad
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. Joshua Alexander, Judge. (1) There was a failure of proof in this case as the material averments of the petition were wholly unsupported hy any evidence in the case. Nor can the plaintiff state one cause of action and recover upon another.
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Appeal from Clay Circuit Court. — Eon. Joshua Alexander, Judge. (1) There was a failure of proof in this case as the material averments of the petition were wholly unsupported hy any evidence in the case. Nor can the plaintiff state one cause of action and recover upon another. R. S. 1899, sec. 798; Waldhier v. Railway, 71 Mo. 514; Earning v. Railway, 157 Mo. 477. (2) There is no evidence that the plaintiff ever incurred any liability on account of either medical services or hospital bills. Nor was it shown that such charges were reasonable, or that this accident occasioned them. Duke v.…
1Opinion of the CourtSmith, P. J.
— This is an action to recover damages for personal injuries received by plaintiff! in consequence of the negligence of defendant. The negligence alleged in the petition is, “that defendant by its servants moved its said engine and its cars up to and against the still car in which plaintiff was seated, without due care or caution, negligently and carelessly, and with unduly and unreasonably great swiftness, speed and suddenness, the defendant’s moving engine and cars striking the still car with overgreat force and violence, unreasonably and greatly jarring the same throughout. That this…
2Cases cited49 opinions
- United States v. GleasonSupreme Court of the United States · 1900
- Lynde v. LyndeSupreme Court of the United States · 1901
- Whitten v. TomlinsonSupreme Court of the United States · 1895
- Bad Elk v. United StatesSupreme Court of the United States · 1900
- Eustis v. BollesSupreme Court of the United States · 1893
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3Cited by6 opinions
- Turner v. Yellow Cab Company of SpringfieldMissouri Court of Appeals · 1962
- J. C. Henderson v. United States of America, United States of America v. J. C. HendersonCourt of Appeals for the Fifth Circuit · 1964
- Thompson v. Healzer Cartage CompanySupreme Court of Missouri · 1956
- Alexander v. Kansas City Public Service Co.Missouri Court of Appeals · 1954
- Trout v. Watkins Livery & Undertaking Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.