Chenoweth v. Sutherland
Missouri Court of Appeals
Appeal from Jackson Oircnit Court. — Hon. John G. Park, Judge. The petition fails to state a cause of action in that it alleges no negligence, and the court erred in overruling the objection made at the beginning of the trial to the introduction of any evidence under the petition. This objection was also called to the attention of the trial court by demurrer to the petition and in the motion in arrest of judgment.
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Appeal from Jackson Oircnit Court. — Hon. John G. Park, Judge. The petition fails to state a cause of action in that it alleges no negligence, and the court erred in overruling the objection made at the beginning of the trial to the introduction of any evidence under the petition. This objection was also called to the attention of the trial court by demurrer to the petition and in the motion in arrest of judgment. Gurley v. Railroad, 93 Mo. 450; Sullivan v. Railroad, 97 Mo. 117; Jacquin v. Gable Co., 57 Mo. App. 331; Shuler v. Railway, 87 Mo. App. 622; Hill v. Railway, 49 Mo. App. 531;…
1Opinion of the CourtBroaddus, P. J.
A decision of the case on a former hearing was set aside and a new hearing granted and the parties argued the same anew. Upon reconsideration we have adopted in the main what was then said with some modifications. It is as follows:
The plaintiff sues for damages for a personal injury received December 4, 1904, while in the employ of defendant at Rosed ale, Kansas.
The defendant Sutherland was engaged in business at said place, operating a foundry and structural iron Avorks. The plaintiff had been in his employ for several years as a machinist. On the day named plaintiff and about six other…
2Cases cited8 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Culberson v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1892
- Taylor v. Scherpe & Koken Architectural Iron Co.Supreme Court of Missouri · 1896
- Anderson v. KincheloeSupreme Court of Missouri · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Menke v. RovinSupreme Court of Missouri · 1944
- Stanton v. JonesSupreme Court of Missouri · 1933
- Krug v. the Mutual Life Ins. Co. of N.Y.Missouri Court of Appeals · 1941
- Chenoweth v. SutherlandMissouri Court of Appeals · 1910
- Groves v. Great Eastern Casualty Co.Missouri Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.