McGrew v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from LaFayette Circuit Coivrt. — Hon. Richard Field, Judge. (1) The court erred in granting instruction, numbered 2, for defendant. First. It is a mere abstract proposition of law, not applicable to the evidence and particular case made by the pleadings. Huffman v. Hacldey, 34 Mo. 277; Turner v. Loler, 34 Mo. 461. “The proper province of an instruction is to submit questions of fact, not propositions of law. ’ ’ Per Black, J., in Albert v. Besel, 88 Mo. 153. Second.
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Appeal from LaFayette Circuit Coivrt. — Hon. Richard Field, Judge. (1) The court erred in granting instruction, numbered 2, for defendant. First. It is a mere abstract proposition of law, not applicable to the evidence and particular case made by the pleadings. Huffman v. Hacldey, 34 Mo. 277; Turner v. Loler, 34 Mo. 461. “The proper province of an instruction is to submit questions of fact, not propositions of law. ’ ’ Per Black, J., in Albert v. Besel, 88 Mo. 153. Second. If it be not a mere abstract proposition of law, then it assumes as facts “ an unusual increased demand for cars,” and…
1Opinion of the CourtBlack, J.
The petition in this case contains-, thirty-eight counts. The substantial averments of the-first are that plaintiff gave defendant due notice that-he would need and require four coal cars at his coal mine on the nineteenth of November, 1886; that defendant furnished one car, but failed. and neglected to furnish the other three; by reason of all which he is-damaged in the sum of $17.50. The other counts are of a like character, and are all founded upon a failure of defendant to furnish cars on different days from November 20, 1886, to January 25, 1887, for the transportation of coal from…
2Cases cited1 opinion
- Bradford v. FloydSupreme Court of Missouri · 1883
3Cited by8 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Hilton v. ThompsonSupreme Court of Missouri · 1950
- Corbett v. Terminal Railroad Assn.Supreme Court of Missouri · 1935
- Jones v. RashSupreme Court of Missouri · 1957
- Carson v. BaldwinSupreme Court of Missouri · 1940
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