Hill v. Meyer Brothers' Drug Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) An instruction which assumes the existence of facts which are put in issue by the pleadings is always erroneous. Dulaney v. Defining Co., 42 Mo. App. 659; Dowling v. Allen, 88 Mo. 293; Peck v. Ritchey, 66 Mo. 114; Merritt v. -Given, 34 Mo. 98; Matthews v. Railroad, 26 Mo. App. 75; Siegrist v. Arnot, 10 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) An instruction which assumes the existence of facts which are put in issue by the pleadings is always erroneous. Dulaney v. Defining Co., 42 Mo. App. 659; Dowling v. Allen, 88 Mo. 293; Peck v. Ritchey, 66 Mo. 114; Merritt v. -Given, 34 Mo. 98; Matthews v. Railroad, 26 Mo. App. 75; Siegrist v. Arnot, 10 Mo. App. 197; Bank v. Crandall, 87 Mo. 208; Comer v. Taylor, 82 Mo. 341; Wilkerson v. Thompson, 82 Mo. 317; Meriwether v. Railroad, 45 Mo. App. 528; Wilkerson v. Tilers, 114 Mo. 245. (2) The second instruction. assumes that…
1Opinion of the CourtRobinson, J.
This is an action for damages predicated upon the following petition:
“Plaintiff by leave of court files its amended petition herein and says that the defendant is a corporation duly incorporated and engaged in the wholesale drug business at St. Louis, Missouri; that during the month of August, 1890, and'for years prior and subsequent thereto, defendant was also engaged in said business at Kansas City, Missouri; that plaintiff on the •-day of August, 1890, was in the employ of said defendant as a shipping clerk in its liquor department at Kansas City, Missouri; that on said - day of August, a…
2Cited by26 opinions
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- Burke Ex Rel. Burke v. PappasSupreme Court of Missouri · 1927
- Ribich v. Lake Superior Smelting Co.Michigan Supreme Court · 1900
- King v. MorganCourt of Appeals for the Eighth Circuit · 1901
- Pope v. RamseyMissouri Court of Appeals · 1899
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