Spurlock v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Hickory Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) Appellant’s objection to the introduction of any evidence should have been sustained. The plaintiff had already filed three petitions, and defendant did not waive its right to the objection by having filed its answer.
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Appeal from, Hickory Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) Appellant’s objection to the introduction of any evidence should have been sustained. The plaintiff had already filed three petitions, and defendant did not waive its right to the objection by having filed its answer. Beardslee v. Morgner, 73 Mo. 23; Wait v. Van Allen, 22 N. Y. 319; Ward v. Pine, 50 Mo. 39 ; Lotman v. Barnett, 62 ■ Mo. 159; Fields v. Maloney, 78 Mo. 172. (2) The cause of action stated in the last petition is wholly different from those contained in the other petitions. (3) There are several distinct causes…
1Opinion of the CourtRay, J.
This suit was commenced in the Morgan circuit court, and afterwards transferred to that of Hickory county, where the trial was had.
The petition in the cause, on which the case was tried, contains two counts ; and was. the third amended petition filed in the cause, by leave of the court. The first count is as follows:
“1. The said plaintiff states, that the- said defend*533ant is a railroad corporation, duly incorporated and ■organized under tlie laws of tlie state of Missouri, and was in June, 1880, and from that date till now, operating a railroad from St. Louis, Missouri, to Kansas City, or…
2Cases cited2 opinions
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Pipkin v. AllenSupreme Court of Missouri · 1859
3Cited by26 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
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