Stauffer v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The court erred in giving instruction 1 for plaintiff. It submits the case to the jury on an issue not raised by the pleadings, and on acts of negligence not pleaded in the petition, namely, the failure of the agents of defendant in charge of the car to observe the rule of the last chance doctrine.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The court erred in giving instruction 1 for plaintiff. It submits the case to the jury on an issue not raised by the pleadings, and on acts of negligence not pleaded in the petition, namely, the failure of the agents of defendant in charge of the car to observe the rule of the last chance doctrine. No such negligence is alleged in the petition; nor is ther'e any evidence in the record on which to base that instruction. Unless there is evidence as to the distance in which the car could have been stopped, after the motorman…
1Opinion of the CourtLamm, J.
Rose Stauffer had judgment against defendant in the Jackson Circuit Court for $10,275. Defendant appealed, and plaintiff died. By stipulation here the cause was revived in the name of Peter Stauffer, her administrator.
We are asked to reverse her judgment for error, to-wit:
In refusing a demurrer at the close of plaintiff’s evidence and again at the close of the whole case.
In allowing an excessive verdict to stand.
In permitting evidence from Hill, an expert.
In refusing to permit counsel to cross-examine plaintiff about her refusal to answer certain questions propounded to her at the time her…
2Cases cited1 opinion
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
3Cited by56 opinions
- Young v. WheelockSupreme Court of Missouri · 1933
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Zichler v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Clark v. Atchison & Eastern Bridge Co.Supreme Court of Missouri · 1930
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