Schultz v. Moon
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Ltjbke, Judge. The trial court erred in overruling in part defendants’ motion to make plaintiffs’ petition more definite and certain ; in overruling defendants’ motion to strike out parts of plaintiffs’ petition, and' in subsequently allowing the introduction of any evidence under the petition.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Ltjbke, Judge. The trial court erred in overruling in part defendants’ motion to make plaintiffs’ petition more definite and certain ; in overruling defendants’ motion to strike out parts of plaintiffs’ petition, and' in subsequently allowing the introduction of any evidence under the petition. Pier v. Heinrichoffen, 52 Mo. 333; R. S., 1879, sec. 3511; Strain v. Strain, 14 111. 368; Holden v. Railroad, 30 Yt. 302; 2 Thompson on Neg. 1248; Peering on Neg. sec. 398; Toung v. Lynch, 66 Wis. 514; Hawley v. Executor, 90 Ind. 160;…
1Opinion of the CourtThompson, J.
This is an action for damages sustained by the plaintiff, Margaretha Schultz, in the death of her minor son, through the alleged negligence of the defendants. The petition, after setting out the relation of the plaintiff to the deceased, avers “that, on and prior to the eleventh day of June, 1887, the defendants were in possession and control of the premises number 1728 and 1725 Morgan street, in the city of St. Louis, and were carrying on in said premises the business of carriage manufacturers, under the name of Moon Bros. ; that the building so occupied by them was five stories high, with a…
2Cases cited2 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by10 opinions
- Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
- Fugler v. BotheSupreme Court of Missouri · 1893
- Hamilton v. CroweSupreme Court of Missouri · 1903
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Fugler v. BotheMissouri Court of Appeals · 1890
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