Legal Opinion

Hyde v. St. Louis Book & News Co.

Missouri Court of Appeals

Decided November 13, 1888PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The instruction given by the court was not warranted by the facts and was not predicated upon the evidence in the case. Musick v. Railroad, 57 Mo. 134 ; Newell v. B. & I. Co., 5 Mo. App. 253 ; Skyles v. Bollman, 85 Mo. 35; Raysdon v. Trumbo, 52 Mo. 35 ; Budd v. HoffTieimer, 52 Mo. 297; White v. Chaney, 20 Mo. App. 389; Bank v. Overall, 16 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The instruction given by the court was not warranted by the facts and was not predicated upon the evidence in the case. Musick v. Railroad, 57 Mo. 134 ; Newell v. B. & I. Co., 5 Mo. App. 253 ; Skyles v. Bollman, 85 Mo. 35; Raysdon v. Trumbo, 52 Mo. 35 ; Budd v. HoffTieimer, 52 Mo. 297; White v. Chaney, 20 Mo. App. 389; Bank v. Overall, 16 Mo. App. 510. The instruction given by the court was on the whole case and it excluded from the jury the consideration of a question raised by the evidence. Such an instruction is…

1Opinion of the Court

Peers, J.,

delivered the opinion of the court.'

This suit was originally brought before a justice of the peace in the city of St. Louis, upon the following statement:

“St. Louis, April 7th, 3887. St. Louis Book & News Co. To John A. Hyde, Agt. Dr. For 500 copies of the Inter-State Commerce Bill, with comment and side notes, at 13 cts., $65.00.”

The plaintiff had judgment before the justice and the defendant appealed. On the trial before a j ury in the circuit court the plaintiff again had judgment for the full amount of his account and the defendant appeals to this court.

The testimony shows that…

2Cases cited2 opinions

  1. Brown v. Missouri Pacific RailroadMissouri Court of Appeals · 1883
  2. Otto v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1882

3Cited by1 opinion

  1. Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892

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