Thornton v. American Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from .Jasper County Circuit Court, Division No. One. — Hen. Joseph D. Perkins, Ju.lge. (1) Tliere was a total failure to sustain by the evidence the allegations of the plaintiff’s, petition and the demurrer to the evidence should have been sustained. The evidence must connect the causes of the injury with the negligence charged in the petition.
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Appeal from .Jasper County Circuit Court, Division No. One. — Hen. Joseph D. Perkins, Ju.lge. (1) Tliere was a total failure to sustain by the evidence the allegations of the plaintiff’s, petition and the demurrer to the evidence should have been sustained. The evidence must connect the causes of the injury with the negligence charged in the petition. McCord Rubber Co. v. St. Joseph Water Co., 181 Mo. 678; McClure v. F'eldman, 184 Mo. 710; Chitty v. Railway Co., 148 Mo. 75; Grisamore v. Railway, 118 Mo. App. 390; Bromley v. Lumber Co., 127 Mo. App. 1581 (2) A party cannot plead one act of…
1Opinion of the CourtSturgis, J.
Suit for personal injuries received by a shoveler in a zinc mine near Webb City, Missouri. Only one error is assigned on the record in this court, that plaintiff sued on one ground of negligence and was allowed to recover on another — a variance between the allegata and probata. For the purposes of this appeal, defendant admits plaintiff’s injuries and that same were caused by its negligence in the manner proved but not in the manner alleged.
The plaintiff was injured by reason of a can of dirt and rock, which he was himself filling with his shovel, tipping over on him from a small car…
2Cases cited25 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
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3Cited by3 opinions
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Bradshaw v. LuskMissouri Court of Appeals · 1917
- Tanner v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914