Fisher v. Golladay
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The gravamen of the petition was for a negligent sale of sulphuric acid on application to purchase sulphuric ether. The court submitted a case for negligently failing to label sulphuric acid. This was error. Brown v. Railroad, 80 Mo. 460; Class v. Celvin, 80 Mo. 297; Bank v. Armstrong, 62 Mo. 59; Paint & Color Co. v. Conlon,- 92 Mo. 221. (a) A party can only recover on the case he makes in his pleading.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The gravamen of the petition was for a negligent sale of sulphuric acid on application to purchase sulphuric ether. The court submitted a case for negligently failing to label sulphuric acid. This was error. Brown v. Railroad, 80 Mo. 460; Class v. Celvin, 80 Mo. 297; Bank v. Armstrong, 62 Mo. 59; Paint & Color Co. v. Conlon,- 92 Mo. 221. (a) A party can only recover on the case he makes in his pleading. Moffat v. Conklin, 35 Mo. 453; Railroad v. Starlc, 38 Mich. 714; Vanhooser v. Berghoff, 90 Mo. 487 (loe. eit. 498);…
1Opinion of the Court
Ellison, J. —
The following is the material portion of the petition in this cause:
“Plaintiff states that, on or about the thirty-first day of December, 1887, he was suffering from temporary derangement of the organs of hearing of the left ear, and at said date, and long prior thereto, the defendant was engaged in business, in the town of Holden, county of Johnson and state of Missouri, as a druggist and pharmacist, and kept a stock of drugs and medicines; and whose business it was, and is, to compound, sell and retail medicines and drugs for medical purposes. And, at the date first aforesaid,…
2Cases cited7 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Grinde v. M. & St. P. R. Co.Supreme Court of Iowa · 1876
- Bowman v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Knoefel v. AtkinsIndiana Court of Appeals · 1907
- Ellis v. LindmarkSupreme Court of Minnesota · 1929
- Brown v. H. K. Mulford Co.Missouri Court of Appeals · 1917
- Fort Wayne Drug Co. v. FlemionIndiana Court of Appeals · 1931
- Fowler v. RandallMissouri Court of Appeals · 1903
7 more not listed; retrieve them via the Exa API.