Evans v. Illinois Central Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas C. Hennings, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. A plaintiff must prove the cause of action on which he sues. He may not allege one cause of action, wholly fail to prove it, recover upon an entirely different one, and uphold his judgment. Henry Co. v. Citizens Bank, 208 Mo. 209; Canaday v. U. Bys. Co., 134 Mo. App. 282; Marr v. Zeidler, 145 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas C. Hennings, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. A plaintiff must prove the cause of action on which he sues. He may not allege one cause of action, wholly fail to prove it, recover upon an entirely different one, and uphold his judgment. Henry Co. v. Citizens Bank, 208 Mo. 209; Canaday v. U. Bys. Co., 134 Mo. App. 282; Marr v. Zeidler, 145 Mo. App. 199. (a) Plaintiff did not base her claim on negligence. She alleged “willful, wanton, reckless and conscious disregard of the life and bodily safety…
1Opinion of the CourtDavid E. Blair, J.
Appeal from the Circuit Court of the City of St. Louis. The verdict and judgment there were for respondent in the sum of $10,000.
On April 19, 1916, respondent’s husband, Harry Evans, was fatally injured and ahnost immediately died as the result of a collision between a Ford automobile moving westward and driven by him and a train of appellant, consisting of a locomotive and passengers cars moving northward at. the crossing of the terminal railroad tracks over Brooklyn Street in the City of St. Louis. ’ Said Brooklyn Street at this point is a much used public street. The accident occurred in…
2Cases cited8 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Adkisson v. City of SeattleWashington Supreme Court · 1953
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Crull v. GlebMissouri Court of Appeals · 1964
- Poage v. Crane Co.Missouri Court of Appeals · 2017
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
26 more not listed; retrieve them via the Exa API.