Erdmann v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Leo . S. Rassieur, Judge. Plaintiff’s first instruction is erroneous for the reason that it authorized the jury to return a verdict for plaintiff, if they found there was any negligene upon the part of defendant instead of limiting them to the negligence counted on in the petition, thus being broader than the petition and authorizing a finding upon issues not presented by the pleadings.
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Appeal from St. Louis City Circuit Court.— Hon. Leo . S. Rassieur, Judge. Plaintiff’s first instruction is erroneous for the reason that it authorized the jury to return a verdict for plaintiff, if they found there was any negligene upon the part of defendant instead of limiting them to the negligence counted on in the petition, thus being broader than the petition and authorizing a finding upon issues not presented by the pleadings. Beave v. Transit Co., 212 Mo. 333;-Wolfe v. Supreme Lodge, 160 Mo. 675; Abbott v. Railroad, 83 Mo. 271-278; Price v. Railroad, 72 Mo. 419. (1) The instruction is…
1Opinion of the CourtReynolds, P. J.
—This is an action to recover damages for personal injuries alleged to have been sustained by plaintiff while a passenger on a westbound Olive street car by reason of a collision between that car and a south bound Cherokee car, both ears operated by the defendant, at the intersection of two streets in the city of St. Louis.
It is charged in the petition that the injuries sustained by plaintiff “were caused directly by and through the carelessness and negligence of the agents, servants, and employees of the defendant in charge of the said street cars,” in permitting the Olive street car on…
2Cases cited6 opinions
- Malloy v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Nagel v. United Railways Co.Missouri Court of Appeals · 1912
- Norvell v. CooperMissouri Court of Appeals · 1911
- Lemser v. St. Joseph Furniture Manufacturing Co.Missouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bergerson v. General Insurance Co. of AmericaMissouri Court of Appeals · 1937
- Arnold v. Brotherhood of Locomotive Firemen & EnginemenMissouri Court of Appeals · 1937
- Wisman v. Hazel Dell Farmers Mutual Fire & Lightning InsuranceMissouri Court of Appeals · 1936