State v. Daues, No. 26457.

CourtMissouri Supreme Court
Writing for the CourtHigbee
Citation284 S.W. 463
PartiesSTATE ex rel. GOESSLING v. DAUES et al., Judges.
Decision Date21 May 1926
Docket NumberNo. 26457.
284 S.W. 463
STATE ex rel. GOESSLING
v.
DAUES et al., Judges.
No. 26457.
Supreme Court of Missouri, in Banc.
May 21, 1926.

Certiorari by the State, on the relation of Edna Goessling, against Charles H. Daues and others, Judges, to review a judgment of the St. Louis Court of Appeals (270 S. W. 390), reversing a judgment for relator against the Excelsior Press Brick Company. Record of Court of Appeals quashed.

Mark D. Eagleton, John F. Clancy, E. J. Hullverson, and Harry S. Rooks, all of St. Louis, for relator.

Bryan, Williams & Cave, of St. Louis, for respondents.

HIGBEE, C.


On the application of relator we issued our writ of certiorari to review the opinion and judgment of the St. Louis Court of Appeals reversing and remanding a judgment of the circuit court of the city of St. Louis in favor of the relator against Excelsior Press Brick Company for damages for personal injuries sustained by relator in consequence of a collision between a Ford car driven by her husband, in which she was riding, and a truck driven by defendant's employee, on a slippery hard-surfaced street in the city of St. Louis.

The following excerpts from the opinion of the learned Court of Appeals (270 S. W. 390), will suffice for a statement of the facts and rulings complained of (italics ours):

"At the time of the accident, the Ford car was ascending the grade and the truck was descending. The truck was being driven down grade on the south side of the street but near the center. The Ford car was traveling at the rate of about 12 miles per hour, and the truck about 18 miles per hour. When the truck got within two or three lengths away from the car in which plaintiff was riding, the rear of the truck skidded around to the north making a circle, and the rear right wheel of the truck hit the front wheel of the Ford. * * * The driver of the truck, on the part of defendant, testified that the truck skidded, but that it did not strike the car in which plaintiff was riding. * * * On cross-examination of defendant's witness, Wright, who was the driver of the truck, plaintiff's counsel asked him if he had skid chains with him, to which he answered: `Yes, sir.' Counsel for defendant objected, after this question was asked and answer given, to the introduction of this testimony, on the ground that it was not pleaded. The court overruled this objection, and defendant excepted, after which witness was examined at some length with respect to why he had not put skid chains on. There were no further objections made in the testimony, nor any motion made to strike out what had been introduced. In addition to the instructions heretofore referred to as given in the case [on the measure of damages], the defendant requested the court to give the following instruction, which the...

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22 practice notes
  • Telanus v. Simpson, No. 26846.
    • United States
    • United States State Supreme Court of Missouri
    • 31 Diciembre 1928
    ...the purview both of the pleadings and the evidence." [State ex rel. v. Ellison 270 Mo. l.c. 12 S.W.2d 930 653; State ex rel. v. Daues, 284 S.W. 463, 464.] These instructions are conflicting, and clearly the giving of Instruction 4 was prejudicial to Defendant's Instruction 6 in its legal su......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1935
    ...Water, Light & Transit Co., 307 Mo. 636, 271 S.W. 788; Stanton v. Jones, 59 S.W. (2d) 648; State ex rel. Goessling v. Daues, 314 Mo. 287, 284 S.W. 463; Goodwin v. Eugas, 290 Mo. 684, 236 S.W. 50; State ex rel. v. Ellison, 223 S.W. 673; Meily v. Railroad Co., 215 Mo. 597, 114 S.W. 1013; Funk......
  • Propst v. Capital Mut. Assn., No. 19141.
    • United States
    • Court of Appeal of Missouri (US)
    • 9 Enero 1939
    ...8 S.W. (Mo.) 924; Kuhlman v. Water, Light & Transit Co., 307 Mo. 607-636, 271 S.W. 788; State ex rel. Goessling v. Dawes, 314 Mo. 282-287, 284 S.W. 463; Goodwin v. Eugas, 290 Mo. 673, 236 S.W. 50; State ex rel. v. Ellison, 223 S.W. 671, 215 Mo. 567, 114 S.W. 1013. An instruction which assum......
  • Sloan v. Polar Wave Ice & Fuel Co., No. 27645.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1929
    ...be used, placed or deposited thereon" presents an issue broader than the evidence, thereby rendering it erroneous. State ex rel. v. Daues, 284 S.W. 463; Nahorski v. Elec. Term. Ry. Co., 274 S.W. 1025; Phillips v. Am. Car & Fdy. Co., 274 S.W. 963. (e) Furthermore, the instruction fails to re......
  • Request a trial to view additional results
22 cases
  • Telanus v. Simpson, No. 26846.
    • United States
    • United States State Supreme Court of Missouri
    • 31 Diciembre 1928
    ...the purview both of the pleadings and the evidence." [State ex rel. v. Ellison 270 Mo. l.c. 12 S.W.2d 930 653; State ex rel. v. Daues, 284 S.W. 463, 464.] These instructions are conflicting, and clearly the giving of Instruction 4 was prejudicial to Defendant's Instruction 6 in its legal su......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1935
    ...Water, Light & Transit Co., 307 Mo. 636, 271 S.W. 788; Stanton v. Jones, 59 S.W. (2d) 648; State ex rel. Goessling v. Daues, 314 Mo. 287, 284 S.W. 463; Goodwin v. Eugas, 290 Mo. 684, 236 S.W. 50; State ex rel. v. Ellison, 223 S.W. 673; Meily v. Railroad Co., 215 Mo. 597, 114 S.W. 1013; Funk......
  • Propst v. Capital Mut. Assn., No. 19141.
    • United States
    • Court of Appeal of Missouri (US)
    • 9 Enero 1939
    ...8 S.W. (Mo.) 924; Kuhlman v. Water, Light & Transit Co., 307 Mo. 607-636, 271 S.W. 788; State ex rel. Goessling v. Dawes, 314 Mo. 282-287, 284 S.W. 463; Goodwin v. Eugas, 290 Mo. 673, 236 S.W. 50; State ex rel. v. Ellison, 223 S.W. 671, 215 Mo. 567, 114 S.W. 1013. An instruction which assum......
  • Sloan v. Polar Wave Ice & Fuel Co., No. 27645.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1929
    ...be used, placed or deposited thereon" presents an issue broader than the evidence, thereby rendering it erroneous. State ex rel. v. Daues, 284 S.W. 463; Nahorski v. Elec. Term. Ry. Co., 274 S.W. 1025; Phillips v. Am. Car & Fdy. Co., 274 S.W. 963. (e) Furthermore, the instruction fails to re......
  • Request a trial to view additional results

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