Webb v. Baldwin
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — How. David H. Eby, Judge. (1) Instruction No. 3 offered on the part of plaintiff was in the usual form which has been approved by the courts of this state and should have been given. 1 Greenleaf on Evidence, p. 200; State v. Glahn, 97 Mo. 693. (2) Defendant’s instruction No. iy2 is erroneous and has been disapproved by the courts of this state so frequently that appellant feels it is scarcely necessary to discuss it.
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Appeal from Monroe Circuit Court. — How. David H. Eby, Judge. (1) Instruction No. 3 offered on the part of plaintiff was in the usual form which has been approved by the courts of this state and should have been given. 1 Greenleaf on Evidence, p. 200; State v. Glahn, 97 Mo. 693. (2) Defendant’s instruction No. iy2 is erroneous and has been disapproved by the courts of this state so frequently that appellant feels it is scarcely necessary to discuss it. Magrane v. Eailroad, 183 Mo. 131; Jordon v. Eailroad, 202 Mo. 428; Pandjiris v. Hartman, 196 Mo. 547; McGinnis v. Eailroad, 21 Mo. App. 413;…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. The trial court did not err in refusing to give plaintiff’s instruction No. 3 telling the jury they should consider the evidence of defendant’s verbal admissions with caution. Plaintiff would have been helped, not hurt, if the jury too freely accepted the evidence (it consisted solely'of plaintiff’s own testimony) of defendant’s admissions, therefore the refusal of this instruction could not have been prejudicial to the plaintiff. If the instruction was intended to refer to evidence of plaintiff’s admissions there is nothing to indicate that fact, and the trial…
2Cases cited7 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Sherwood v. Grand Avenue Railway Co.Supreme Court of Missouri · 1896
- State v. ClumpSupreme Court of Missouri · 1852
- Coleman v. DraneSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Camaras v. MoranSupreme Court of Rhode Island · 1966
- Farmers Cooperative Soc. No. 1 v. Maryland Casualty Co.Court of Appeals of Texas · 1939
- Stupp v. Fred J. Swaine Mfg. Co.Supreme Court of Missouri · 1950
- Carpenter v. BurmeisterMissouri Court of Appeals · 1925
- McQuitty v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.