Magnuson v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Mon. James M. glover, Judge. (1) The court erred in ignoring the equity count of the petition and in submitting the issues made by both the law and equity counts to the jury together. The pleadings presented no issue triable to a jury. The case was triable solely to the court.
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Appeal from Jackson Circuit Court. — Mon. James M. glover, Judge. (1) The court erred in ignoring the equity count of the petition and in submitting the issues made by both the law and equity counts to the jury together. The pleadings presented no issue triable to a jury. The case was triable solely to the court. The petition is in two counts, one at law and one in equity, and was evidently drawn by the pleader to conform to the practice as it existed before the enactment of section 654, Be-vised Statutes 1899. Hancock v. Blackwell, 139 Mo. 440; Courtney v. Blackwell, 150 Mo. 272; E. S. 1899,…
1Opinion of the CourtBroad Dus, P. J.
The plaintiff is the beneficiary in an accident policy issued to her son, Edward Magnuson. On tbe fourth of July, 190.3, tbe said Edward, tbe insured, was celebrating tbe day with a pistol and blank cartridges. By accident tbe pistol was discharged and tbe wad of tbe cartridge entered tbe palm of bis left band inflicting a punctured wound.. He went at once to a neighboring drug store where a drug clerk, who was a medical student, probed tbe wound, but did not find tbe wad. On tbe following day be went to Dr. W. H. Leonard, who probed the wound also, but did not find tbe wad. Tbe wad which was…
2Cases cited5 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Armstrong v. WinfreySupreme Court of Missouri · 1875
- Ordway v. Continental InsuranceMissouri Court of Appeals · 1889
3Cited by1 opinion
- Finley v. SmithSupreme Court of Missouri · 1943