State Ex Rel. Bush v. Sturgis
Supreme Court of Missouri
Certiorari. (1) In disposing of the case on appeal, the respondents have done so on a theory not presented below and thus have affirmed the cause on issues never presented to the trial court or jury by pleadings or instructions. In so doing respondents have failed to follow the rule announced on that subject in the latest controlling decisions of the Supreme Court in Brunswick v. Standard Accident Ins.
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Certiorari. (1) In disposing of the case on appeal, the respondents have done so on a theory not presented below and thus have affirmed the cause on issues never presented to the trial court or jury by pleadings or instructions. In so doing respondents have failed to follow the rule announced on that subject in the latest controlling decisions of the Supreme Court in Brunswick v. Standard Accident Ins. Co., 213 S. W. 46; Degonia v. Railroad, 224 Mo. 588; Chinn v. Naylor, 182 Mo. 595; Desohener v. Railroad, 200 Mo. 332; Mirrielees v. Ry. Co., 163 Mo. 486; Meyer Bros. Drug Co. v. Bybee, 179 Mo.…
1Opinion of the Court
WALKER, C. J .
Certiorari to the Springfield Court of Appeals to review the record of that court in the case of Susie E. Kerr against Bush, Receiver of the St. Louis, Iron Mountain & Southern Railway Company for damages for the killing of her husband through the negligence of that company. Upon a trial before a jury a verdict was rendered in her favor in the sum of $3500. From this finding an appeal was perfected to the Springfield Court of Appeals, which affirmed the judgment of the trial court (215 S. W. 393). We are asked to quash the record of the Court of Appeals on the ground that its…
2Cases cited23 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Poe v. Illinois Cent. Railroad Co.Supreme Court of Missouri · 1936
- Devine v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1942
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Norris v. BristowSupreme Court of Missouri · 1951
13 more not listed; retrieve them via the Exa API.