Wagner v. Edison Electric Illuminating Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. War-mok Hough, Judge. The circuit court erred in giving, at defendant’s request, instruction IV. Wagner v. Electric Co., 177 Mo. 44; Taussig y.
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Appeal from St. Louis City Circuit Court. — Hon. War-mok Hough, Judge. The circuit court erred in giving, at defendant’s request, instruction IV. Wagner v. Electric Co., 177 Mo. 44; Taussig y. Railroad, 166 Mo. 28; Construction Co. v. Fitzgerald, 137 U. S. 98; Pew v. Bank, 130 Mass. 395; Bassett v. Fairchild, 137 Cal. 637. (1) This case has been before this court and the Supreme Court of Missouri on former appeals, and both of those courts haye held, under the same evidence which was submitted to the jury in this case, that appellant was appointed supervising engineer by the committee which…
1Opinion of the CourtNoetoni, J.
(after stating the facts. — Among others, the court gave the following instruction on behalf of the defendant:
“The court instructs the jury that although they believe from the evidence that plaintiff may have intended at the time he was selected as supervising engineer to charge defendant for such services as he might render it, yet if the jury further believe from the evidence that he did not disclose said intention to this defendant at the time or before his selection by the committee as engineer, and the defendant did not then know or have reason to believe from the committee’s employment…
2Cases cited9 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Bassett v. FairchildCalifornia Supreme Court · 1901
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
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3Cited by11 opinions
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Kingston v. RobertsMissouri Court of Appeals · 1913
- Hartley v. Estate of HartleyMissouri Court of Appeals · 1913
- Stone v. St. Louis Union Trust Co.Missouri Court of Appeals · 1910
- Morris v. Z. T. Briggs Photographic Supply Co.Missouri Court of Appeals · 1915
6 more not listed; retrieve them via the Exa API.