McClarin v. Grenzfelder
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The sole and only specification of negligence contained in the petition is as follows: “Negligently and carelessly injected into the parts affected a preparation which formed a waxy substance and resulted in an inflammation of the intestines.” Plaintiff having alleged this ground of negligence in his petition, is hound by it and cannot recover upon any other ground.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The sole and only specification of negligence contained in the petition is as follows: “Negligently and carelessly injected into the parts affected a preparation which formed a waxy substance and resulted in an inflammation of the intestines.” Plaintiff having alleged this ground of negligence in his petition, is hound by it and cannot recover upon any other ground. Goodwin v. Herson, 65 Me. 223; Mayo v. Wright, 63 Mich. 32; Jacobs v. Cross, 19 Minn. 523; West v. Martin, 31 Mo. 375. (2) Where the evidence is as…
1Opinion of the CourtGoode, J.
(after stating the facts). — Though the petition avers defendant advertised he could cure hernia in thirty minutes without cutting and plaintiff employed him to treat and cure plaintiff and defendant undertook to do so, it does not declare on the alleged promise, say the hernia was not cured nor ask damages for failure to cure it. The gravamen of the case presented is “defendant so negligently and unskillfully conducted himself in and about treating said hernia, that through and by reason of his negligence and unskillfulness, plaintiff was made exceedingly ill and his life placed in danger,…
2Cases cited5 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Jackson v. BurnhamSupreme Court of Colorado · 1895
- Carpenter v. BlakeNew York Supreme Court · 1871
- McMurdock v. KimberlinMissouri Court of Appeals · 1886
3Cited by4 opinions
- Steele v. WoodsSupreme Court of Missouri · 1959
- Spain v. BurchMissouri Court of Appeals · 1913
- Rickett v. HayesSupreme Court of Arkansas · 1974
- Pantazatos v. JelmOhio Court of Appeals · 1923