108 Mo. App. 142 | Mo. Ct. App. | 1904
(after stating the facts). —
Plaintiff testified that the car was in motion when he attempted to get off, and all the evidence shows that it had moved from fifteen to twenty-five feet at the time he alighted. There is, therefore, no evidence tending to support the allegation brought into the petition by
The instructions given are not in harmony with the views herein expressed. Some of them went outside any issues made by the pleadings and are for this reason erroneous and require a reversal of the case. If plaintiff is so advised, we think he should be permitted to amend his pleadings so as to meet every phase of the evidence as developed on the trial.
The judgment is reversed and the cause remanded.