Grojean v. Darby
Missouri Court of Appeals
Appeal from Bollinger Circuit Court. — No». Ghas. Killian, Judge. Instructions 1 and 3, given on behalf of defendant, conflict with instruction 1, given on behalf of plaintiff. The instruction given on behalf of plaintiff correctly states the law, while the instructions given on behalf of defendant do not correctly state the law.
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Appeal from Bollinger Circuit Court. — No». Ghas. Killian, Judge. Instructions 1 and 3, given on behalf of defendant, conflict with instruction 1, given on behalf of plaintiff. The instruction given on behalf of plaintiff correctly states the law, while the instructions given on behalf of defendant do not correctly state the law. The giving of an erroneous instruction on behalf of the successful party to a lawsuit is ground for reversing the judgment, and this is true whether the instruction given on behalf of the losing party stated the law correctly or incorrectly. Baker v. Railway, 122 Mo.…
1Opinion of the CourtGoode, J.
(after stating the facts). — Exceptions were saved to the two instructions for defendant. An objection was raised to the first one because it precluded the jury from finding for plaintiff unless they found one of the mules had Moon-eye when sold and defendant made the alleged statement that if there was any*592thing wrong with them he clid not know it, and they had been all right since he had owned them, knowing at the time one of the animals was afflicted with Moon-eye, and misrepresenting the matter to plaintiff for the purpose of inducing a sale. -This charge is said to be inconsistent with…
2Cases cited5 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Lindsay v. DavisSupreme Court of Missouri · 1860
- Moore v. KogerMissouri Court of Appeals · 1905
- Grigsby v. StapletonSupreme Court of Missouri · 1887
- Lovelace v. SuterMissouri Court of Appeals · 1902
3Cited by3 opinions
- Crampton v. LamondaSupreme Court of Vermont · 1921
- Overhulser v. PeacockMissouri Court of Appeals · 1910
- Irby v. StubblefieldMissouri Court of Appeals · 1914