Solomon v. Moberly Light & Power Co.
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. Allen W. Walker, Judge. (1) It was error for the court to permit plaintiff to amend one month after the verdict had been returned and judgment entered, the third count of her petition (the one she elected to stand on), by adding thereto the assignment of negligence contained in her first count (the count she had abandoned by her election). Chaput y.
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Appeal from Randolph Circuit Court. — Hon. Allen W. Walker, Judge. (1) It was error for the court to permit plaintiff to amend one month after the verdict had been returned and judgment entered, the third count of her petition (the one she elected to stand on), by adding thereto the assignment of negligence contained in her first count (the count she had abandoned by her election). Chaput y. Bock, 224 Mo. 73; Carr v. Moss, 87 Mo. 447; Singer Manufacturing Co. v. Givens, 35 Mo. App. 602; 21 R. C. L. p. 577; Habel v. Ry. Co., 140 Mo.' 159, 165; 31 Cyc. 404; Renfro v. Prior, 22 Mo. App. 403;…
1Opinion of the Court
On August 31, 1921, plaintiff filed in the Circuit Court of Randolph County, Missouri, her petition against the Moberly Light Power Company to recover damages in the sum of $10,000 on account of the electrocution and death of her husband, Harry Solomon, through the alleged negligence of said defendant company. The case was tried in the above county before a jury and, on February 21, 1922, a verdict was returned in favor of plaintiff for the sum of ten thousand dollars and judgment was entered accordingly. Motions for a new trial and in arrest of judgment were filed and overruled, and the…
2Cases cited11 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- Williams ex rel. Williams v. Springfield Gas & Electric Co.Supreme Court of Missouri · 1918
- Oakley v. RichardsSupreme Court of Missouri · 1918
- Ryan v. St. Louis Transit Co.Supreme Court of Missouri · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Conduitt v. Trentonton Gas & Electric Co.Supreme Court of Missouri · 1930
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
20 more not listed; retrieve them via the Exa API.