Arnold v. City of Maryville
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — -No#. A. D. Burnes, J udge. (1) The allegations in respondent’s petition are not sufficient to warrant the introduction of testimony of cancer causing the amputation of respondent’s foot some four or five years after the alleged injury, such testimony being too remote, unless specially pleaded. Sedgwick on Damages (12 Ed.), sec. 1270; 5 Ency.
Read the full summary
Appeal from Nodaway Circuit Court. — -No#. A. D. Burnes, J udge. (1) The allegations in respondent’s petition are not sufficient to warrant the introduction of testimony of cancer causing the amputation of respondent’s foot some four or five years after the alleged injury, such testimony being too remote, unless specially pleaded. Sedgwick on Damages (12 Ed.), sec. 1270; 5 Ency. Plead, and Prae., p. 750; O’Leary v. Rowan, 31 Mo. 119; Brown v. Railroad, 99 Mo. 318; Muth, Ex., v. Railroad, 87 Mo. App. 442. (2) Where it is attempted in the petition to specify particularly the injuries resulting…
1Opinion of the CourtEllison, J.
— This action was brought by plaintiff through her ‘ ‘ next friend, ’ ’ she being a minor. The ground of the action is personal injury received by plaintiff on one of defendant’s sidewalks alleged to have been negligently permitted to become and remain out of repair. She was nine years old when injured. The result in the trial court was in plaintiff’s favor.
The petition was in the usual form in such cases and after charging the negligent condition of the sidewalk, proceeded: “Plaintiff further states that, on the date aforesaid (August 25, 1898) at the said intersection of Main street and…
2Cases cited17 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Finney v. BerrySupreme Court of Missouri · 1875
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- McConnell v. City of OsageSupreme Court of Iowa · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City & County of San Francisco v. Superior CourtCalifornia Supreme Court · 1951
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Meyer v. RussellNorth Dakota Supreme Court · 1926
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
- State v. RobySupreme Court of Minnesota · 1915
10 more not listed; retrieve them via the Exa API.