Flannigan v. Nash
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) The judgment against plaintiff in this case does not bar the plaintiff from instituting another suit for the same collision, there being no place alleged in the petition where the collision occurred, except Twentieth street between O’Fallon and Division streets.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) The judgment against plaintiff in this case does not bar the plaintiff from instituting another suit for the same collision, there being no place alleged in the petition where the collision occurred, except Twentieth street between O’Fallon and Division streets. Weil v. Greene Co., 69 Mo. 286; Reed v. Wilson, 41 N: J. L. 29; Gillet v. Fairchild, 4 Denio (N. Y.), 80. (2) There was no evidence to support instructions authorizing a recovery for plaintiff. It is error to give instructions unsupported by any evidence.…
1Opinion of the CourtAllen, J.
This is an action for damages for injuries to plaintiff’s person and property, alleged to have been caused by the negligence of defendant in running his automobile against a wagon in which plaintiff was seated. The cause originated before a justice of the peace where plaintiff had judgment for $100. On defendant’s appeal to the circuit court, and a trial de novo before the court and a jury, there was a verdict and judgment for plaintiff for $250, and the case is here on defendant’s appeal.
On or about June 15, 1912, plaintiff, who was engaged in selling ice which he delivered to his customers…
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