Jordan v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Ghesley A. 31 os man^ Judge. (1) The negligence pleaded was neither proved nor submitted to the jury, and there was therefore a fatal variance between the pleading and proof and plaintiff was permitted to recover upon negligence not pleaded.
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Appeal from Buchanan Circuit Court. — Hon. Ghesley A. 31 os man^ Judge. (1) The negligence pleaded was neither proved nor submitted to the jury, and there was therefore a fatal variance between the pleading and proof and plaintiff was permitted to recover upon negligence not pleaded. Raining v. Railway, 157 Mo. 447; Bohn v. Raihvay, 106 Mo. 429; O’Brien v. Steel Co., 100 Mo. 82; Current v. Railway, 86 Mo. 62. (2) Deceased assumed the risk and was guilty of contributory negligence. Roberts v. Tel. Co., 166 Mo. 370; Nicholds v. Glass Co., 126 Mo. 55; Epperson v. Postal Co., 155 M'o. 373; Peet…
1Opinion of the CourtEllison, J.
The plaintiff, claiming to be the widoAV of Conrad A. Jordan, brought this action for damages on account of his 'death, occurring wddle in de*197fendant’s employment, and, as is charged, through defendant’s negligence. The judgment in the trial court was for the plaintiff.
Defendant denied that plaintiff was Jordan’s widow, and placed its denial on the ground that at the time of the ceremony of marriage between them Jordan had a living wife from whom he had not been divorced, and, under the statute (section 4313, Revised Statutes 1899) such marriage was void.
The following facts developed at the…
2Cases cited3 opinions
- In re Estate of EichhoffCalifornia Supreme Court · 1894
- Tomppert's Ex'rs v. TomppertCourt of Appeals of Kentucky · 1877
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by12 opinions
- Sefton v. SeftonCalifornia Supreme Court · 1955
- Bolkovac v. StateIndiana Supreme Court · 1951
- Ellis v. WilliamsSupreme Court of Missouri · 1958
- Glass v. GlassMissouri Court of Appeals · 1977
- Green v. McDowellMissouri Court of Appeals · 1922
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