Reports of Cases Determined in the Supreme Court of the State of ..., volume 108
Reports of Cases Determined in the Supreme Court of the State of ..., volume 108
Missouri. Supreme Court
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(4) The court erred in peiinit- ting the doctor to testify as to the danger attending such operations as the amputation of plaintiff's leg, and the per cent, of such operations that prove fatal. This testimony did not throw any light on any question which the jurors were called upon to consider, and was calculated to create a prejudice. Miley v. Railroad, 8 N. T. (S. C.) 455. (5) The defendant should have been permitted to impeach the witness Craig. ( 6 ) Plain- tiff 's instruction, numbered 2,... should not have been given. It was simply an abstract proposition of law, and even if correct was not applicable to any fact in evidence. It partook of the nature of a lecture more than of an instruction, and would have been more appropriate in an argument for the plaintiff than in the court's instructions. It was calculated to mislead the jury. Haegelet. Stote Co., 29 Mo. App. 486. (7) The third instruction given for plaintiff is subject to two objections: First. It assumed that the defendant's trskck was defective.
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