Raybourn v. Phillips
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court was in error in trying this case throughout, for it was submitted to the jury, over the objections and exceptions of the defendant, both as to the testimony and the instructions given at the instance of plaintiff without regard to the allegation of negligence relied upon by plaintiff in his petition, and wholly disregarding the plea of contributory negligence set up by the defendant. .Ellis…
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court was in error in trying this case throughout, for it was submitted to the jury, over the objections and exceptions of the defendant, both as to the testimony and the instructions given at the instance of plaintiff without regard to the allegation of negligence relied upon by plaintiff in his petition, and wholly disregarding the plea of contributory negligence set up by the defendant. .Ellis v. Railroad, 17 Mo. App. 126; Grocery Co. v. Railroad, 89 Mo. App. 534; Aston v. Transit Co., 105 Mo. App. 226; McCarty…
1Opinion of the Court
REYNOLDS, P. J. —
This action was commenced in the circuit court of Cape Girardeau county by plaintiff- against defendant, to recover damages for injury to a mule. Prom a judgment for $145 in favor of plaintiff, defendant appealed to this court, from which *537the cause was transferred to the Springfield Court of Appeals under the provisions of the Act of the General Assembly of the state (Laws 1909, p. 396, now section 3939, R. S. 1909, but before submission to that court was transferred back to this court in consequence of a decision of the Supreme Court in State ex rel. St. Louis Dressed Beef &…
2Cases cited6 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- McMahon v. Pacific Express Co.Supreme Court of Missouri · 1896
- Dalton v. RedemeyerMissouri Court of Appeals · 1910
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3Cited by2 opinions
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Pullman v. MooreMissouri Court of Appeals · 1920