Politowitz v. Citizens Telephone Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) It was error to submit tbe case to the jury on proof of facts not pleaded, even though the facts proven would have constituted a good cause of action against the defendant. Ohitty v. Railway, 118 M'o. 61; Gas Light Go. v. Mercer, 18 Mo. App. 611; Matson v. Frazer, 18 Mo. App. 302; State ex rel v. Stillington, 51 Mo.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) It was error to submit tbe case to the jury on proof of facts not pleaded, even though the facts proven would have constituted a good cause of action against the defendant. Ohitty v. Railway, 118 M'o. 61; Gas Light Go. v. Mercer, 18 Mo. App. 611; Matson v. Frazer, 18 Mo. App. 302; State ex rel v. Stillington, 51 Mo. App. 252; Yarnell v. Railway, 113 Mo. 570; Raming v. Metropolitan, 157 Mo. 477, 506; Neville v. St. Louis, 158 Mo. 293. (2) Plaintiff cannot declare on one cause of action and recover on another. Haines v.…
1Opinion of the CourtEllison, J.
— This action is for personal injury received by plaintiff in consequence of an electric shock caused by contact with one of defendant’s telephone wires. The judgment in the trial court was for the plaintiff. The defendant maintained telephone wires, the city of St. Joseph maintained an electric lighting plant, and the St. Joseph Railway, Light, Heat and Power Company also maintained wires. All of these wires were alleged to be strung throughout the city and all heavily charged with electricity. They were in many places near together, either on the same or nearby poles. Plantiff was hurt at a…
2Cases cited3 opinions
- Garven v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Cunningham v. Journal Co.Missouri Court of Appeals · 1902
- Lowenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
3Cited by2 opinions
- Feldewerth v. Wabash RailroadMissouri Court of Appeals · 1914
- Reading v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1912