Adams v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Issues cannot be raised or disposed of by instructions which are hot made by tbe pleadings. Koenig v. Railroad, 173 Mo. 724; Nugent v. Milling Co., 131 Mo. 257; Merrett t. Poulter, 96 Mo. 237; McQuillin on Instructions, sec. 71; State ex rel. v. Land Co.,. 161 Mo. 673; Webb y. Carter, 121 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Issues cannot be raised or disposed of by instructions which are hot made by tbe pleadings. Koenig v. Railroad, 173 Mo. 724; Nugent v. Milling Co., 131 Mo. 257; Merrett t. Poulter, 96 Mo. 237; McQuillin on Instructions, sec. 71; State ex rel. v. Land Co.,. 161 Mo. 673; Webb y. Carter, 121 Mo. App. 155; Link v. Yaugbn, 17 Mo. 585; Bircber v. Boemler, 204 Mo. 563,. (2) Tbe plaintiff under tbe issues in tbe case was not entitled to exemplary damages.. He was tbe aggressor. Lillis y. Railroad, 64 Mo. 464; Mitchell v. Railway,…
1Opinion of the CourtCox, J.
This is an action to recover damages for personal injuries to plaintiff alleged to have been caused by one of defendant’s employees choking, shoving and knocking plaintiff from the steps of a passenger train operated by defendant. Trial by jury, verdict for plaintiff for punitive damages in the sum of one hundred dollars, and defendant has appealed.
The petition alleged that on the night of September 21, 1908, at Portageville, Missouri, a station of defendant’s railroad, the respondent went upon the steps of the defendant’s passenger train to go to St. Louis, and while he was on the steps and…
2Cases cited3 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Mills v. TaylorMissouri Court of Appeals · 1900
- O'Hara v. Laclede Gas Light Co.Missouri Court of Appeals · 1908
3Cited by10 opinions
- Thompson v. HodgeMissouri Court of Appeals · 1961
- Lindstrom v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1920
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Roney v. OrganMissouri Court of Appeals · 1913
- Stockwell v. BrintonNorth Dakota Supreme Court · 1913
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