Fletcher v. Milburn Manufacturing Co.
Missouri Court of Appeals
Appeal from the St. Louis City .Circuit Court. — Hon. Leroy B. Yalliant, Judge. / The trial court gave to the jury, for respondent, an improper and illegal instruction. The instruction does not embrace all the issues in the case.
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Appeal from the St. Louis City .Circuit Court. — Hon. Leroy B. Yalliant, Judge. / The trial court gave to the jury, for respondent, an improper and illegal instruction. The instruction does not embrace all the issues in the case. It ignores and withdraws from the jury the consideration by them of all evidence that was offered by respondent, and received by the court, tending to prove the allegations contained in respondent’s set-off, and also all evidence offered and received, which tended to prove that the work was not done by respondent in a good workmanlike manner; and also all evidence…
1Opinion of the CourtThompson, J.
This was an action commenced before a justice of the peace for work and labor done. The complaint was as follows :
Plaintiff states for his cause of action that defendants are indebted to him in the sum of thirty dollars, for services rendered for common labor from February 27, 1888, to March 6, 1888, in doing blacksmith work on two vehicles, called mountain wagons, at thirteen dollars per wagon and three dollars extra for brakes, less one dollar for socket. “Plaintiff, therefore, prays judgment for said sum, together with the costs herein.”
The defendant filed the following counter-claim:
“ J.…
2Cases cited12 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Haysler v. OwenSupreme Court of Missouri · 1875
- Chappell v. AllenSupreme Court of Missouri · 1866
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
- Berry v. WilsonSupreme Court of Missouri · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burger v. WoodMissouri Court of Appeals · 1969
- Simons v. WittmannMissouri Court of Appeals · 1905
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Harkness & Russell v. BriscoeMissouri Court of Appeals · 1891
- Mackin v. People's Street Railway & Electric Light & Power Co.Missouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.