Brunke v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.— Hon. Chesley A. Mosman, Judge. It is a well-settled principle that the plaintiff cannot be permitted to introduce evidence for the purpose of establishing negligence which is not pleaded or set up in its petition. Conway v. Railroad, 24 Mo. App. 235; Breeden v. Mining Co., 103 Mo. App. 176; Hicks v. Railroad, 68 Mo. 329; Haines v. Pearson, 100 M'o.
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Appeal from Buchanan Circuit Court.— Hon. Chesley A. Mosman, Judge. It is a well-settled principle that the plaintiff cannot be permitted to introduce evidence for the purpose of establishing negligence which is not pleaded or set up in its petition. Conway v. Railroad, 24 Mo. App. 235; Breeden v. Mining Co., 103 Mo. App. 176; Hicks v. Railroad, 68 Mo. 329; Haines v. Pearson, 100 M'o. App. 551; Brooks v. Blackwell, 76 Mo. 309. (1) Respondent did not attempt to recover by reason of a departure from or failure of appellant to observe the usual and customary manner of doing the work but upon the…
1Opinion of the CourtJohnson, J.
— Plaintiff recovered judgment in the sum of fifteen hundred dollars on account of personal injuries sustained as the result of the negligence of defendant.
The pertinent facts shown by the evidence are as follows: In the afternoon of April 29, 1904, plaintiff, a boy then about eleven years of age residing with his parents in the city of St. Joseph, while on his way home from school had his attention attracted by some repairs which linemen, employed by defendant, were engaged in making near the intersection of Twenty-sixth and Olive streets, upon telephone wires strung overhead and car*38ried on…
2Cases cited7 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Maynard v. BuckMassachusetts Supreme Judicial Court · 1868
- Henry v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1885
- Kane v. Falk Co.Missouri Court of Appeals · 1902
- Reed v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1902
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3Cited by20 opinions
- Comanche Duke Oil Co. v. Texas Pac. Coal & Oil Co.Texas Commission of Appeals · 1927
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Ward v. City National Bank & Trust Co. of Kansas CitySupreme Court of Missouri · 1964
- Cassin v. LuskSupreme Court of Missouri · 1919
- Hodges v. HillMissouri Court of Appeals · 1913
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