Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) ' The court erred in refusing to strike out parts of plaintiff’s second amended petition on account of same being a departure from the first petition. Scovill v. Glassner, 79 Mo. 449. (2). The court erred in not sustaining defendant’s demurrer at the close of plaintiff’s case and again at the close of the entire case.
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Appeal from Daviess Circuit Court. — Hon. Arch B. Davis, Judge. (1) ' The court erred in refusing to strike out parts of plaintiff’s second amended petition on account of same being a departure from the first petition. Scovill v. Glassner, 79 Mo. 449. (2). The court erred in not sustaining defendant’s demurrer at the close of plaintiff’s case and again at the close of the entire case. Illinois Central v. Behrins, 233 U. S. 473: Shanks v. Railway, 239 U. S. 556; D. L. & W. Ry. v. Yurkonis, 238 U. S. 439; C. B. & Q. v. Herrington, 241 U. S. 177; Matti v. Railway, 176 Pac. 154; St. L. I. M. & S.…
1Opinion of the CourtWilliamson, J.
This is a suit in damages under the Federal Employers' Liability Act, brought by ¿Maude Crecelius as administratrix of the estate of Walter Crecelius, deceased, against the defendant, for the alleged negligent killing of the decedent, who was the husband of the plaintiff. She obtained a judgment in the sum of $25,000. From this judgment the defendant has duly appealed. This is the second appeal in this case. After a reversal in this court, Crecelius v. Ry. Co., 274 Mo. 671, the case was taken on change of venue to Daviess County, and plaintiff filed an amended petition. No questions are made…
2Cases cited18 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Chicago, Burlington & Quincy Railroad v. HarringtonSupreme Court of the United States · 1916
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
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3Cited by17 opinions
- Ford v. Louisville & Nashville RailroadSupreme Court of Missouri · 1946
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Crabtree v. KurnSupreme Court of Missouri · 1943
- Oglesby v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
12 more not listed; retrieve them via the Exa API.