Holly v. St. Louis, Kansas City & Colorado Railway
Missouri Court of Appeals
Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. Instructions calculated to mislead the jury should not be given.
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Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. Instructions calculated to mislead the jury should not be given. Donahoe v. Railway,' 83 Mo. 560; Chouteau v. Iron Co., 82 Mo. 73 ; Greer v. Parker, 85 Mo. 107. The court erred in giving plaintiff’s instruction number 4 to the effect that the property in the posts put upon the track of defendant at Union had passed to defendant, when such was not in fact the case, and in this connection refusing defendant’s instruction number 11, wherein it was stated that the mere fact of plaintiff placing on defendant’s right of way…
1Opinion of the CourtThompson, J.
This is an action in the nature of assumpsit for goods sold and delivered. The petition avers the sale and delivery by the plaintiff to the defendant, at its special instance and request, of certain railway ties and fencing posts. The answer on which the cause went to trial was merely a traverse of the allegations of the petition, but it was amended at the trial in a particular which need not be stated. Several errors are assigned upon rulings taking place at the trial, but we do not think it necessary to notice them, because we are of opinion that the judgment must be reversed on the…
2Cases cited4 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Glass v. GelvinSupreme Court of Missouri · 1883
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. HeckIndiana Supreme Court · 1875
- Northrup v. CookSupreme Court of Missouri · 1866
3Cited by3 opinions
- Idaho Implement Co. v. LambachIdaho Supreme Court · 1909
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Thorp v. Western Union Telegraph Co.Missouri Court of Appeals · 1906