Gregory v. Wabash
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action was instituted before a justice of the peace in Audrain county, Missouri. Plaintiff filed the following complaint in the justice’s court: “The Wabash, St. Louis & Pacific Railroad Company to J. B. Gregory, Hr.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action was instituted before a justice of the peace in Audrain county, Missouri. Plaintiff filed the following complaint in the justice’s court: “The Wabash, St. Louis & Pacific Railroad Company to J. B. Gregory, Hr. “ To value of one cow, killed by train on said road, on May 12, 1883,. near the eastern part of Mexico, between mile posts number 107'and 108. Said train being a west bound freight, $50.00” The plaintiff obtained judgment by default before the justice, and defendant perfected its…
1Opinion of the CourtEllison, J.
This action involves a construction of ■section 3060, Revised Statutes. That section permits amendments, on appeal to the circuit court, to supply any deficiency or omission therein, when, by such amendment, substantial justice will be promoted; “but no new item or cause of action not embraced or intended to be included in the original account or statement shall be added by such amendment.” What was intended to be embraced in the original cause of action must be gleaned from the face of the statement.
The court cannot inquire what was the private intent of the party, but can only look to the…
2Cases cited7 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louisville & N. R. R. v. Pointer's Admr.Court of Appeals of Kentucky · 1902
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Jackson v. FultonMissouri Court of Appeals · 1901
- McMahon v. Charles Schulze, Inc.Missouri Court of Appeals · 1972
- Evans v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1896
7 more not listed; retrieve them via the Exa API.