Legal Opinion

Bergfeld v. Kansas City Railways Co.

Supreme Court of Missouri

Decided December 30, 1920PublishedCited by 15 opinions

Appeal from Jackson Circuit Court.—Hon. Daniel E. Bird, Judge. (1) The court below erred in giving to the jury instruction numbered 1, for the plaintiff. It broadens .the issues made by the pleadings. Zasemowich v. Am. Mfg.

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Appeal from Jackson Circuit Court.—Hon. Daniel E. Bird, Judge. (1) The court below erred in giving to the jury instruction numbered 1, for the plaintiff. It broadens .the issues made by the pleadings. Zasemowich v. Am. Mfg. Co., 213 S. W. 802; State ex rel. v. Ellison, 270 Mo. 653; State ex rel. v. Ellison, 213 S. W. 461; State ex rel. v. Ellison, 176 S. W. 13; Applegate v. Railway, 252 Mo. 197; Schumacher v. Breweries Co., 247 Mo. 162; Degonia v. Railway, 224 Mo. 589; Hufft v. Railway, 222 Mo. 302; Price v. Met. St. Ry., 220 Mo. 454; Black v. Railway, 217 Mo. 685, 687; Beave v. Transit Co.,…

1Opinion of the CourtWilliamson, J.

The -statement of the facts in this case and paragraphs One, Two and Four of the opinion were written by White, C. Upon a motion for a rehearing, Paragraph Three, as written by the learned commissioner, failed to meet the approval of the court, and a rehearing having been granted, the case was assigned to the present writer, who has re-written the Third Paragraph, adopted the remainder of the opinion as originally written, and added the Fifth Paragraph.

“The suit in this case is for damages on account of injuries received by the plaintiff in a collision of the street car on which he was…

2Cases cited2 opinions

  1. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. Lauff v. J. Kennard & Sons Carpet Co.Missouri Court of Appeals · 1914

3Cited by15 opinions

  1. Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
  2. General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
  3. Taylor v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
  4. Young Ex Rel. Young v. St. Louis Public Service Co.Supreme Court of Missouri · 1959
  5. Boulos v. Kansas City Public Service Co.Supreme Court of Missouri · 1949

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