Montague v. Missouri & Kansas Interurban Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. 0. A. Lucas, Judge. (1) The court erred in sustaining defendant’s motion to strike out for the reason that the petition, as amended by interlineation, did not operate to change the plaintiff’s cause of action and did not constitute a departure. Hanson v. Springfield Traction Co., 226 S. W. (Mo.) 1; Madden v. Mo. Pac. Ry. Co., 192 S. W. 455; Lee v. Mo. Pac. Ry.
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Appeal from Jackson Circuit Court. — How. 0. A. Lucas, Judge. (1) The court erred in sustaining defendant’s motion to strike out for the reason that the petition, as amended by interlineation, did not operate to change the plaintiff’s cause of action and did not constitute a departure. Hanson v. Springfield Traction Co., 226 S. W. (Mo.) 1; Madden v. Mo. Pac. Ry. Co., 192 S. W. 455; Lee v. Mo. Pac. Ry. Co., 195 Mo. 400, 415; L. & N. Railway v. Pointers, 69 S. W. 1108; Texas & N. 0. Railway v. Cross, 128 S. W. 1173; Railroad v. Foster, 78 Tenn. 351; De Valle Da Costa v. Southern Pac. Co., 176…
1Opinion of the CourtWalker, J.
This is an action brought in the Circuit Court of Jackson County, for damages for the death of plaintiff’s wife, by reason of the alleged negligence of the defendants. The latter, in addition to the Railway Company, are E. K. Brown and Charles F. Dinklage, doing business as the Automobile Livery Company. The substantial allegations of the plaintiff’s petition are that the defendant Railway Company was, at the time of the accident which resulted in the death of plaintiff’s wife, operating a line of interurban railway, between Kansas City, Missouri, and Olathe, Kansas; that the individual…
2Cases cited19 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Friederichsen v. RenardSupreme Court of the United States · 1918
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Lottman v. BarnettSupreme Court of Missouri · 1876
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3Cited by11 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Baker v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1931
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
- Kennard v. Ill. Cent. R. Co.Tennessee Supreme Court · 1941
6 more not listed; retrieve them via the Exa API.