Jackson County ex rel. Farley v. Schmid
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. The court erred in sustaining defendant’s motion for a new trial on tbe ground that plaintiff’s instructions were wrong. Plaintiff’s instructions are the law ■ and the court committed no error in giving them. Loftus v. Met. St. Railway Co., 220 Mo. 481; Green Co. ex rel. v. Wilhite, 29 Mo. App. 459; Draper v. Fitzgerald, 30 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. The court erred in sustaining defendant’s motion for a new trial on tbe ground that plaintiff’s instructions were wrong. Plaintiff’s instructions are the law ■ and the court committed no error in giving them. Loftus v. Met. St. Railway Co., 220 Mo. 481; Green Co. ex rel. v. Wilhite, 29 Mo. App. 459; Draper v. Fitzgerald, 30 Mo. App. 522; State v. McCance, 110 Mo. 404; R. S. 1899, secs. 3010, 3017, 3009; Smith v. Reynolds, 8 Hun (N. Y.), 128; Hayward v. Insurance Co., 50 Mo. 181; Kehrig v. Peters, 41 Mich. 475, 2 N. W. 801;…
1Opinion of the CourtJohnson, J.
This suit is prosecuted by a married woman against a dramshop keeper and his bondsmen to recover damages for the sale of intoxicating liquor to her husband, an habitual drunkard.
The petition is in four counts, but two were dis*232missed at the trial and the verdict was rendered on the ■ remaining two, viz., the first and the fourth. Afterward, the court sustained a motion for a new trial filed by defendant, on the ground of “error in giving instructions for plaintiff and in refusing instructions for defendant.” Plaintiff appealed from the order and judgment granting a new trial.
Defendant was a…
2Cases cited7 opinions
- Ryan v. KellyMissouri Court of Appeals · 1880
- Edwards v. BrownSupreme Court of Missouri · 1878
- Page v. PageWashington Supreme Court · 1906
- Wile v. Town of SouthburySupreme Court of Connecticut · 1875
- Eilke v. MGrathCourt of Appeals of Kentucky · 1897
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3Cited by2 opinions
- State Ex Rel. Murphy v. AronsonMissouri Court of Appeals · 1959
- Miller v. ProughMissouri Court of Appeals · 1920