Waverly Timber & Iron Co. v. St. Louis Cooperage Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Under the code, it is reversible error for the court to refuse to allow a plaintiff at the trial to amend a good .petition in conformity with the evidence adduced. Carr v. Moss,-87 Mo. 447; Weber v. City of Hannibal, 83 Mo. 262; Gilmore v. Dawson, 64 Mo. 311; McMurry v. Martin, 26 Mo. App. 438; 1 McQuillan on Pleading & Practice, sec. 410. (2) First.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Under the code, it is reversible error for the court to refuse to allow a plaintiff at the trial to amend a good .petition in conformity with the evidence adduced. Carr v. Moss,-87 Mo. 447; Weber v. City of Hannibal, 83 Mo. 262; Gilmore v. Dawson, 64 Mo. 311; McMurry v. Martin, 26 Mo. App. 438; 1 McQuillan on Pleading & Practice, sec. 410. (2) First. No element of wilfulness or negligence is necessary to charge the defendant for the actual loss resulting from his conversion ; he may have committed the trespass under…
1Opinion of the CourtGantt, P. J.
This is an action for damages, alleged to have been caused by the conversion of certain timber, staves and headings cut and made without consent of plaintiff from certain lands owned by it “lying and situate in civil districts 1 and 11 in Humphreys county, in the state of Tennessee, and more particularly from that portion of the plaintiff’s said tract of land located north of Turkey creek, south of White Oak creek,, west of the west boundary line of what is known as the John Brown tract, and east of what is known as the Eiver road, which road, at this place, runs parallel with and east of the…
2Cases cited4 opinions
- Carr v. MossSupreme Court of Missouri · 1885
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Mitchum v. DunlapSupreme Court of Missouri · 1889
- Gilmore v. DawsonSupreme Court of Missouri · 1876
3Cited by15 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- Clark v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1895
- Ess v. GriffithSupreme Court of Missouri · 1895
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