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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)

Citation
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Parent Document
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Jurisdiction
Missouri (state)
Effective Date
1952-07-14

Other Sections in This Document (53)

Full Text

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Appellant next complains that the trial court erred in "sustaining defendant's motion to make plaintiff's original and first amended petitions more definite and certain" as to the allegations of negligence, thereby refusing to allow plaintiff to proceed under the theory of res ipsa loquitur. In the first place, a motion to make a petition more definite and certain is addressed to the sound discretion of the trial court, whose ruling thereon will not be disturbed provided a sound legal discretion was exercised. Hartvedt v. Harpst, Mo.Sup., 173 S.W.2d 65; Ozark Fruit Growers' Association v. Sullinger, Mo. App., 45 S.W.2d 887; Campbell v. State Highway Commission, 234 Mo.App. 1111, 139 S.W.2d 559.