Zongker v. People's Union Mercantile Co.
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Hon. Andrew F. Evans, Judge. (1) The court erred in giving the long instruction asked by plaintiff, designating the negligence charged against defendant as pulling upon the cable with unusual force so that it suddenly became loose and moved causing plaintiff to fall, etc.
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Appeal from Jackson Circnit Court. — Hon. Andrew F. Evans, Judge. (1) The court erred in giving the long instruction asked by plaintiff, designating the negligence charged against defendant as pulling upon the cable with unusual force so that it suddenly became loose and moved causing plaintiff to fall, etc. The language used presented an issue not raised in the pleadings, an issue not' constituting an allegation of negligence and if supported by the testimony, an issue that would not sustain a verdict for plaintiff. Pryor v. Eailway, 85 Mo. App. 378; Jacquin v. Cable Co., 57 Mo. App. 331;…
1Opinion of the CourtJohnson, J.
— Action for damages resulting from personal injuries. Plaintiff recovered judgment for four hundred and eighty-five dollars and defendant appealed. The answer contained a plea of con*386tributory negligence. No reply was filed but it appears the case was tried upon the theory that plaintiff’s negligence, if any, was in issue. The error involved in this omission, therefore, was waived. [Nelson v. Wallace, 48 Mo. App. 193; Holke v. Herman, 87 Mo. App. 125.]
Plaintiff, a boy 17 years of age, was at the time of his injury employed in common labor by defendant in and about its store building in…
2Cases cited24 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Curtis v. McNairSupreme Court of Missouri · 1903
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Garrison v. RynoSupreme Court of Missouri · 1959
- Revel v. PruittSupreme Court of Oklahoma · 1914
- Schaff v. SandersTexas Commission of Appeals · 1925
- Gibbs ex rel. Hill v. Poplar Bluff Light & Power Co.Missouri Court of Appeals · 1910
- Singer v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.