Pannell v. Allen
Missouri Court of Appeals
Appeal from Barry Circuit Court. — New. Carr McNatt, Judge. (1) The court erred in admitting evidence that the mare was injured as a race mare, when the petition did not charge damages of that kind. This being the natnre of special damages, absent such charge in the petition, this evidence was not admissible. Cook v. Clary, 48 Mo. App. 166; Krueger v. Railroad, 94 Mo.
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Appeal from Barry Circuit Court. — New. Carr McNatt, Judge. (1) The court erred in admitting evidence that the mare was injured as a race mare, when the petition did not charge damages of that kind. This being the natnre of special damages, absent such charge in the petition, this evidence was not admissible. Cook v. Clary, 48 Mo. App. 166; Krueger v. Railroad, 94 Mo. App. 458 ; Brown v. Railroad, 80 Mo. 457. (2) It was error for plaintiff to prove and introduce evidence of the value of the mare as a race mare; for that was not alleged in the petition. Damage for such value was certainly a…
1Opinion of the Court
COX, J, —
Action for damages for injury to a mare caused by being struck by an automobile owned by defendant. Trial by jury. Verdict for plaintiff for $150' and defendant has appealed. Defendant, in company with two other persons and a driver of the machine was passing north on the Cassville & McDowell road in Barry county in an automobile and.soon after turning a corner and' starting eastward met Morgan Pannell,. one of .plaintiffs, riding one horse and leading another and in passing, the animal being led and the automobile collided resulting in injury to both the animal and the auto.
The…
2Cases cited7 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Nicholson v. RogersSupreme Court of Missouri · 1895
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
- O'Leary v. RowanSupreme Court of Missouri · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Linville Brothers v. BliesnerWashington Supreme Court · 1925
- Adolf v. BrownMissouri Court of Appeals · 1923
- Smith v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1914
- Long v. FreemanMissouri Court of Appeals · 1934
2 more not listed; retrieve them via the Exa API.