Ingwerson v. Chicago & Alton Railway Co.
Supreme Court of Missouri
Appeal from Pike Circuit Court. — How. David H. Hby, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained. Where an amended petition is filed the original is abandoned. Hawkins v. Massie, 62 Mo. 552; Ross v. Cleveland, 162 Mo. 317; JBobb v. Bobb, 89 Mo. 411; Hubbard v. Quisenberry, 32 Mo. App. 472; Roberts v. Ins. Co., 26 Mo.
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Appeal from Pike Circuit Court. — How. David H. Hby, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained. Where an amended petition is filed the original is abandoned. Hawkins v. Massie, 62 Mo. 552; Ross v. Cleveland, 162 Mo. 317; JBobb v. Bobb, 89 Mo. 411; Hubbard v. Quisenberry, 32 Mo. App. 472; Roberts v. Ins. Co., 26 Mo. App. 92; United States v. Gentry, 119 Fed. 70. It is well established that plaintiff cannot sue upon one cause of action and recover upon another. Huston v. Tyler, 140 Mo. 264; Clements v. Yeates, 69 Mo. 623; Ray v. Bowles, 83 Mo. 170; Crawford v.…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff against defendant, a common carrier, for damages in the sum of $840.58, alleged to have been occasioned *331by delay in the shipment of eighty-four cattle from Bowling Green, Missouri, to Chicago, Illinois, on January 26,1904. The suit was begun in the circuit court of Pike county, Missouri, May 11,1904.
In the original petition it was alleged that said cattle were delivered to defendant company on January 26, 1904, and defendant^ thereupon assumed, and it thereby became defendant’s duty as a common carrier, to transfer said cattle to Chicago within a reasonable…
2Cases cited14 opinions
- Clements v. YeatesSupreme Court of Missouri · 1879
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Bobb v. BobbSupreme Court of Missouri · 1886
- Huston v. TylerSupreme Court of Missouri · 1897
- Weil v. PostenSupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Dyer v. HarperSupreme Court of Missouri · 1934
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- Younger v. EversSupreme Court of Missouri · 1933
8 more not listed; retrieve them via the Exa API.