State ex rel. State Highway Commission v. McMurtry

Concurring, as I do, in the conclusion reached in the principal opinion (although not in all that is written with respect thereto) that reversible error is not demonstrated in any other respect assigned by defendants, I am unable to agree that the cause should be reversed and remanded on the sole ground of alleged error in the giving of plaintiff’s instruction 3 — a point to which no authority is cited in defendants’-appellants’ brief:

The “clear, specific, and simple provisions” [Fuchs v. Reorganized School Dist. No. 2, Gasconade Co., Mo., 251 S.W.2d 677, 678] of Supreme Court Rule 1.08(a)'…