Haines v. Pearson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. J. H. Slower, Judge. (1) The second amended petition and the first count of the third amended petition related to and were, based upon an affirmation act of commission committed in spring of 1895, while the second count of third amended petition was based upon the sin of omission committed at or about the time the sign fell on September 24,1900. Stevins v. Walpole, 76 Mo.
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Appeal from Jackson Circuit Court. — lion. J. H. Slower, Judge. (1) The second amended petition and the first count of the third amended petition related to and were, based upon an affirmation act of commission committed in spring of 1895, while the second count of third amended petition was based upon the sin of omission committed at or about the time the sign fell on September 24,1900. Stevins v. Walpole, 76 Mo. App. 219; Fox v. Park Co., 42 N. Y. S. 794; 2 Wood on Nuisances, 1278. (2) The second count of plaintiff’s third amended petition states a new and different cause of action from the…
1Opinion of the CourtBroaddus, J.
This is an action for damages by plaintiff against defendant for alleged negligence in causing the death of her husband. The-cause was in this court on a former appeal by defendant and reversed on account of error in the giving of a certain instruction.' On the first hearing the cause was tried on the second amended petition. Before the last trial plaintiff again amended her petition and she again recovered.
One of the grounds relied on for reversal is that the second count of the third amended petition stated an entirely different cause of action from that contained in said second amended…
2Cases cited7 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Liese v. MeyerSupreme Court of Missouri · 1898
- Holliday v. JacksonMissouri Court of Appeals · 1886
- Coleman v. Himmelberger-Harrison Land & Lumber Co.Missouri Court of Appeals · 1904
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3Cited by5 opinions
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- Quirk v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1919
- Gentry v. Wabash RailroadMissouri Court of Appeals · 1913