Rhodes v. City of Nevada
Missouri Court of Appeals
Appeal from the. Bates Circuit Court. — Hon. Dr A. DeAbmond, Judge. (1) “Instructions'must be confined to the case-made by the evidence within the issues defined by the pleadings.” 2 Thomp. on .Trials, sec. 2309 ; White v. Chang,-20 Mo. App. 389; Waddinghamv.
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Appeal from the. Bates Circuit Court. — Hon. Dr A. DeAbmond, Judge. (1) “Instructions'must be confined to the case-made by the evidence within the issues defined by the pleadings.” 2 Thomp. on .Trials, sec. 2309 ; White v. Chang,-20 Mo. App. 389; Waddinghamv. Eutell, 92' Mo. 528 ; Lester v. Railroad, 60 Mo. 265. (2) Instruction, numbered 1, given on behalf of plaintiff, submitted to the jury the question of expense for professional services of physicians, drugs and medicines, and also-for loss of services, when there was no evidence that plaintiff ever paid, or became liable to pay any…
1Opinion of the CourtEllison, J.
The plaintiff recovered a judgment against the defendant for personal injury occasioned by her stepping into a hole, negligently permitted, in the sidewalk on one of defendant’s streets. Her petition alleged that “said injuries caused her great expense in the necessary employment, of a physician and having *501herself otherwise cared for.” She was attended by two physicians, who at different times ministered to her necessities resulting from her injury by examining her injury, giving her prescriptions and sometimes medicine. She purchased medicines herself at different times.
The only testimony as…
2Cases cited4 opinions
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- State v. ElvinsSupreme Court of Missouri · 1890
- Eckerd v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
3Cited by11 opinions
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Mammerberg v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1895
- Parker v. ZeislerSupreme Court of Missouri · 1897
- Brake v. Kansas CityMissouri Court of Appeals · 1903
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