Peterson v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Now. 'W. B. Teasdale, Judge. (1) The court erred in permitting plaintiff to amend his petition after going to trial. (2) The court erred in overruling defendant’s application for a continuance on account of the amendments to plaintiff’s petition. The amendments were material and made radical changes in the allegations of negligence.
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Appeal from Jackson Circuit Court. — Now. 'W. B. Teasdale, Judge. (1) The court erred in permitting plaintiff to amend his petition after going to trial. (2) The court erred in overruling defendant’s application for a continuance on account of the amendments to plaintiff’s petition. The amendments were material and made radical changes in the allegations of negligence. (3) The court erred in rejecting the testimony offered hy defendant, first, in regard to the length of time the car had stood stationary; second, the manner of starting the car, as to whether it started slowly or otherwise. (4)…
1Opinion of the CourtLamm, J.
— Peter L. Peterson sued for damages —his cause of action the negligence of defendant’s servants manning one of its street cars in Kansas City, Missouri, on the 13th day of December, 1902. Defendant appeals from a judgment in favor of Peterson for '$5,000. Here, his death was suggested and proceedings had reviving the cause in the name of Henrietta, administratrix of his estate.
Instructions in the nature of demurrers were ;asked, nisi, and refused. As we see it, defendant’s learned counsel no longer predicate error of such re*504fusal; hence, the case may proceed on the assumption that plaintiff…
2Cases cited4 opinions
- John Colhoun & Co. v. M. Crawford & Co.Supreme Court of Missouri · 1872
- Keltenbaugh v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1889
- Keeton v. St. Louis & Meramec River Railway Co.Missouri Court of Appeals · 1905
- Pifer v. StanleyMissouri Court of Appeals · 1894
3Cited by21 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Ethridge v. PerrymanSupreme Court of Missouri · 1963
- Howard v. Scarritt Estate Co.Supreme Court of Missouri · 1916
- Hanton v. Pacific Electric Ry. Co.California Supreme Court · 1918
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