Fritz v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Lawrence Circnit Court. — Eon. F. G. Johnson, Judge. (1) The court erred in permitting counsel for defendant, in his opening statement, to state to the jury: “I allege they were fully insured, and were fully paid by the insurance company, that the insurance company took a subrogation and there is no authority for the plaintiffs to sue.” And the court erred in overruling plaintiff’s objection to that statement. Gore v. Brockman, 138 Mo.
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Appeal from Lawrence Circnit Court. — Eon. F. G. Johnson, Judge. (1) The court erred in permitting counsel for defendant, in his opening statement, to state to the jury: “I allege they were fully insured, and were fully paid by the insurance company, that the insurance company took a subrogation and there is no authority for the plaintiffs to sue.” And the court erred in overruling plaintiff’s objection to that statement. Gore v. Brockman, 138 Mo. App. 231; Fuller Co. v. Dassagh, 101 111. App. 664; Marigold v. Traction Co., 80 N. Y. Supp. 861; Iverson v. McDonald, 36 Wash. 73. (2) It was…
1Opinion of the CourtLamm, J.
Plaintiffs (a firm) owned and ran a grist mill hard by defendant’s railroad at a way station, Hobferg, in Lawrence county. In the shank of the evening of January 10, 1908, mill and content's (barring a salvage of the boiler and engine, put at $1000 to $1500) were burned. Alleging the fire caught from defendant’s locomotive, plaintiffs sued in the Lawrence Circuit Court, putting their damages at $17,163.10.
On issues joined, the jury found for defendant. From a judgment following, plaintiffs appeal — assign*68ing error in that the court permitted counsel in his opening statement to make…
2Cases cited7 opinions
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Trainer v. Sphalerite Mining Co.Supreme Court of Missouri · 1912
- Gibbs v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- Peck v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Bates County Bank v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Bates v. Brown Shoe Co.Supreme Court of Missouri · 1938
- Herr v. RuprechtSupreme Court of Missouri · 1960
- Frazier v. Ford Motor Co.Supreme Court of Missouri · 1955
- Hardwick v. Kansas City Gas Co.Supreme Court of Missouri · 1946
- State Ex Rel. Trading Post Co. v. ShainSupreme Court of Missouri · 1938
26 more not listed; retrieve them via the Exa API.