Carter v. Baldwin
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. Action for personal injuries, appeal from judgment in favor of plaintiff. (1) The original and! amended petitions of the plaintiff failed to allege facts sufficient to constitute a cause of action. 14 Enc. PI. and Pr., p. 332 and cases cited; Bliss, Code Pleading (2 Ed.), sec. 211, p. 328; Dwyer v. Amer. Express Co., 55 Wis. 453; Railway v. Bouldin, 110 Ala. 185; 13 Ene.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. Action for personal injuries, appeal from judgment in favor of plaintiff. (1) The original and! amended petitions of the plaintiff failed to allege facts sufficient to constitute a cause of action. 14 Enc. PI. and Pr., p. 332 and cases cited; Bliss, Code Pleading (2 Ed.), sec. 211, p. 328; Dwyer v. Amer. Express Co., 55 Wis. 453; Railway v. Bouldin, 110 Ala. 185; 13 Ene. PL and Pr., pp. 907, 908 and cases cited; Pittsburg Coal Co. v. Peterson, 136 Ind. 398; Shaw v. Bambrick Con. Co., 77 S. W. 96; Aldrich v. Furnace Co., 78 Mo.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. If it should be conceded that the petition failed to state a complete cause of action the amendment was permissible under section 657, Revised Statutes 1899 ; but even if the allowance of the amendment was erroneous the error was waived by the filing of an answer to the petition as amended. Liese v. Meyer, 143 Mo. 547; Bernard v. Mott, 89 Mo. App. 403.
2. The evidence for both parties shows that Gilmore hired and discharged men; that he superintended the underground work in the mine and directed the men where and how to work, therefore he was a vice-principal,…
2Cases cited17 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Liese v. MeyerSupreme Court of Missouri · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Bollman Ex Rel. Sanderson v. Kark Rendering PlantSupreme Court of Missouri · 1967
- Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
- Cathey Ex Rel. Brown v. De WeeseSupreme Court of Missouri · 1956
- Coons v. Pritchard ex rel. PritchardSupreme Court of Florida · 1915
5 more not listed; retrieve them via the Exa API.