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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Murphy v. Century Building Co., 90 Mo. App. 621 (1901)

Citation
Murphy v. Century Building Co., 90 Mo. App. 621 (1901)
Parent Document
Murphy v. Century Building Co., 90 Mo. App. 621 (1901)
Jurisdiction
Missouri (state)
Effective Date
1901-12-03

Full Text

805 chars
Respondent introduced testimony tending to show he lost certain fees by appellant’s ousting him from the office where his clients were wont to find him. Whether the proof was cogent enough to warrant its submission to the jury to be considered in estimating the damages to be assessed lies outside our inquiry; for each party requested an instruction on the assumption that it ought to be. A party is not at liberty to assign for error an instruction given for his adversary, *626when his own exhibits the same fault, or expresses the same theory. Sowden v. Kessler, 76 Mo. App. 581; Plummer v. City of Milan, 79 Mo. App. 439; Christian v. Ins. Co., 143 Mo. 460; Tomlinson v. Ellison, 104 Mo. 105; Harrington v. City of Sedalia, 98 Mo. 583. The judgment is affirmed. Bland, P. J., and Barclay, J., concur.