Buttron v. Bridell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) The evidence must be confined to the issues raised by the pleadings, and it is not competent to prove a given condition or quality at a given time by evidence of incidents occurring prior to that time. Gable v. Kansas City, 148 Mo. 470; Hannibal v. Richards, 35 Mo. App. 15; Caleaterra v. Iovaldi, 123 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Robt. M. Foster, Judge. (1) The evidence must be confined to the issues raised by the pleadings, and it is not competent to prove a given condition or quality at a given time by evidence of incidents occurring prior to that time. Gable v. Kansas City, 148 Mo. 470; Hannibal v. Richards, 35 Mo. App. 15; Caleaterra v. Iovaldi, 123 Mo. App. 347. (2) Opinion evidence is inadmissible upon a subject upon which the jury may judge quite qs well as the witness. Hurst v. Railroad, 163 Mo. 320; Benjamin v. Railroad, 133 Mo. 289; Koenig v. Depot Co., 173…
1Opinion of the CourtWoodson, J.
This suit was brought by the plaintiffs to recover of the defendants the sum of $5000 damages for their alleged negligence in maintaining in one of the public streets of the city of St. Louis an illegal obstruction, namely, a lime pit filled with hot lime, into which their son, nine years of age, fell and was scalded to death. A trial resulted in a judgment for the plaintiffs for the sum of $1700, from which the defendants appealed.
The petition was in the usual form, with the following charge of negligence, as appears in the respondents ’ statement of the case:
“Defendants are charged with…
2Cases cited2 opinions
- Gurley v. O'DwyerMissouri Court of Appeals · 1895
- Merritt v. Kinloch Telephone Co.Supreme Court of Missouri · 1908
3Cited by12 opinions
- Thorne v. ThorneSupreme Court of Missouri · 1961
- Capra v. Phillips Investment CompanySupreme Court of Missouri · 1957
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- State Ex Rel. St. Louis Public Service Co. v. BeckerSupreme Court of Missouri · 1933
- Berryman v. Peoples Motorbus Co.Missouri Court of Appeals · 1932
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