Tower v. Pauley
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Instructions should not be broader than the issues raised by the pleadings and evidence. Waddingham v. Hulett, 92 Mo. 528; Waldhier v. R. R. Co., 71 Mo. 514; George v. R. R. Co., 40 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Instructions should not be broader than the issues raised by the pleadings and evidence. Waddingham v. Hulett, 92 Mo. 528; Waldhier v. R. R. Co., 71 Mo. 514; George v. R. R. Co., 40 Mo. App. 433. Issues not presented by the pleadings should, not be submitted by instructions; neither should instructions be mere abstractions not based on the facts; nor submit matters not supported by the evidence. ' Graham v. R. R. Co., 113 Mo. 408; Wilmott v. Corrigan C. R. Co., 106 Mo. 535; Reed v. Bott, 100 Mo. 62; Porter v. R. R.…
1Opinion of the CourtBland, J.
This is the third appeal of this case, the first is reported at page 75, volume 51, and the second at page 632, volume 67, Mo. App. On the third trial plaintiff filed his fourth amended petition, the substantial averments of which are, that he purchased of defendant a furnace for the purpose of heating his residence on South Brand avenue, city of St. Louis for $425; that the defendant guaranteed the furnace to warm the house to seventy degrees when the thermometer was at zero, and further promised that if anything about the furnace was not understood, and if any alterations should be…
2Cases cited12 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Bryan v. WearSupreme Court of Missouri · 1835
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Baum v. FryrearSupreme Court of Missouri · 1884
- Robertson v. DraneSupreme Court of Missouri · 1889
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3Cited by7 opinions
- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900
- Plymouth Cordage Co. v. YeargainMissouri Court of Appeals · 1901
- Drumm Flato Commission Co. v. SummersMissouri Court of Appeals · 1901
- Schaff v. PetersMissouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.