Ingwerson v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The decision and judgment of the Supreme Court in this cause in 205 Mo. 328, remanding the cause, opened the case for amendments. Wollman y. Leo wen, 108 Mo. App. 581; Needles y.
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Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The decision and judgment of the Supreme Court in this cause in 205 Mo. 328, remanding the cause, opened the case for amendments. Wollman y. Leo wen, 108 Mo. App. 581; Needles y. Burk, 98 Mo. 474. (2) Joining the Chicago & Alton Railroad Company as party defendant, same being a new consolidated company made up of the Chicago and Alton Railway Company et al., does not have effect to set up a new cause of action. Kinion v. Railroad, 39 Mo. App. 382; second case same parties, 39 Mo. App. 574; Black v. Railroad, 110 Mo. App.…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to plaintiff on account of defendant’s negligence in transporting a number.of cattle to the Chicago market. An amended petition was stricken from the files on the theory that it substituted a new and distinct cause of action for. that originally declared upon. Plaintiff,' having declined to further plead, a judgment of dismissal was thereupon entered against him from which he prosecutes the appeal.
The only question for consideration is as to whether or not the amended petition so stricken from the files substituted a new and distinct cause of…
2Cases cited7 opinions
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Schwab Clothing Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1897
- Rippee v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Stewart v. Van HorneMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Andersen v. TurpinOregon Supreme Court · 1943
- Finer v. NicholsMissouri Court of Appeals · 1911
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- O'Shaughnessy v. Bayonne News Co.Hudson County Circuit Court, N.J. · 1931
- Shantz v. ShrinerMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.