Tirry v. Hogan
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Son. E. M. Dearing, Judge. (1) The court erred in admitting' illegal and improper evidence. See Hyatt v. Railroad, 19 Mo. App. 300; Com. Co. v. Railroad, 113 Mo. App. 549; Pruitt v. Railroad, 62 Mo. 527; Hobbs v. Railroad, 10 Law Rep. (2B) 111; Hughs v. Tel. Co., 79cMo. App. 137. (2) The court erred in giving instruction No. IY at the request of plaintiffs. See Hyatt v. Railroad, 19 Mo. App. 300; Com. Co. v. Railroad, 113 Mo.
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Appeal from Jefferson Circuit Court. — Son. E. M. Dearing, Judge. (1) The court erred in admitting' illegal and improper evidence. See Hyatt v. Railroad, 19 Mo. App. 300; Com. Co. v. Railroad, 113 Mo. App. 549; Pruitt v. Railroad, 62 Mo. 527; Hobbs v. Railroad, 10 Law Rep. (2B) 111; Hughs v. Tel. Co., 79cMo. App. 137. (2) The court erred in giving instruction No. IY at the request of plaintiffs. See Hyatt v. Railroad, 19 Mo. App. 300; Com. Co. v. Railroad, 113 Mo. App. 549; Pruitt v. Railroad, 62 Mo. 527; Hobbs, v. Railroad, 10 Law Rep. (2B) 111; Hughs v. Tel. Co., 79 Mo. App, 137; Wilburn v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In Hadley v. Baxendale, 9 Exch. 341, 26 Eng. L. & Eq. 398, l. c. 402, it was announced as the rule to be adopted in assessing damages for the breach of a contract that “where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect to such breach of contract should be, either such as may, fairly and reasonably, be considered either arising naturally, that is, according to the usual course of things, from such breach of contract itself, or, such as may reasonably be supposed to have been in the…
2Cases cited8 opinions
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- Hardinger v. Modern Brotherhood of AmericaNebraska Supreme Court · 1904
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Laumeier v. DolphMissouri Court of Appeals · 1913
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3Cited by4 opinions
- Mills v. MurrayMissouri Court of Appeals · 1971
- Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
- National Cash Register Co. v. KayMissouri Court of Appeals · 1936
- Consumers' Glue Co. v. Samuel Bingham's Son Manufacturing Co.Missouri Court of Appeals · 1916