Blumenfeld v. Meyer-Schmid Grocer Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. John W. Calhoun, Judge. (1) There being nothing in the record to show that defendants or either of them offered instructions in the nature of demurrers which the court gave at the close of plaintiff’s case, the court was without authority to give said instructions of its own motion, there being a total failure of connection between the close of the plaintiff’s case and the giving of said instructions.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. John W. Calhoun, Judge. (1) There being nothing in the record to show that defendants or either of them offered instructions in the nature of demurrers which the court gave at the close of plaintiff’s case, the court was without authority to give said instructions of its own motion, there being a total failure of connection between the close of the plaintiff’s case and the giving of said instructions. Section 1987, R. S. 1909. (2) When an instruction in the nature of a demurrer to the evidence is offered, it is a rule that…
1Opinion of the CourtAllen, P. J.
This action was instituted against the Meyer-Schmid Grocer Company, a corporation, and Robert C. Rolf, defendants, to recover for personal injuries alleged to have been inflicted upon the plaintiff by a servant of the defendants in charge of a team and wagon belonging to them. At the close of plaintiff’s case the court gave two peremptory instructions, one to the effect that under the pleadings and evidence plaintiff could not recover against the defendant Meyer-Schmid Grocer Company, and the other to the effect that under the pleadings and evidence plaintiff could not recover against the…
2Cases cited26 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Geiss v. Twin City Taxicab Co.Supreme Court of Minnesota · 1913
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
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3Cited by12 opinions
- Haynie v. JonesMissouri Court of Appeals · 1939
- Bass v. Kansas City Journal Post Co.Supreme Court of Missouri · 1941
- Biddle v. Haldas Brothers, Inc.Superior Court of Delaware · 1937
- Semper v. the American PressMissouri Court of Appeals · 1925
- Keen v. ClarksonArizona Supreme Court · 1940
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