Legal Opinion

Edger v. Kupper

Missouri Court of Appeals

Decided February 6, 1905PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court committed error in giving instruction numbered one as prayed by the plaintiff. This instruction makes no limit on the amount plaintiff could recover from the defendant. Wright v. Jacobs, 61 Mo. 19; Van Riper v. Morton, 61 Mo. App. 444; Wagner v. Ptg. Co., 45 Mo. App. 6; Shockley v. Fisher, 21 Mo. App. 551; Armstrong v. St. Louis, 8 Mo.

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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court committed error in giving instruction numbered one as prayed by the plaintiff. This instruction makes no limit on the amount plaintiff could recover from the defendant. Wright v. Jacobs, 61 Mo. 19; Van Riper v. Morton, 61 Mo. App. 444; Wagner v. Ptg. Co., 45 Mo. App. 6; Shockley v. Fisher, 21 Mo. App. 551; Armstrong v. St. Louis, 8 Mo. App. 100; Ashby v. Shaw, 82 Mo. 76. (2) Error in instructions is presumably prejudicial in the absence of a showing that it is harmless. Camp v. Railroad, 94 Mo. App. 272; Hollenbeck…

1Opinion of the CourtJohnson, J.

— Action on contract alleged in the petition to have been verbally made between plaintiff and defendant for the employment of plaintiff as “resident manager ” of a family hotel operated by defendant in Kansas City, Missouri. Employment is alleged to have begun on February 1, 1900, and continued for •a period of twenty-two and one-half months. Plaintiff says in her petition that no definite amount of salary was agreed upon between her and defendant but that defendant agreed to pay her “a reasonable and fair compensation therefor,” and that $100 per month is *284the reasonable value of her…

2Cases cited3 opinions

  1. Norton v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1890
  2. Wagner v. Saline County Progress Printing Co.Missouri Court of Appeals · 1891
  3. Culverson v. City of MaryvilleMissouri Court of Appeals · 1896

3Cited by2 opinions

  1. Sampson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
  2. Wilhite v. City of HuntsvilleMissouri Court of Appeals · 1912

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