43 S.W.2d 422 | Mo. | 1931
Action by appellant, plaintiff below, to recover damages for alleged personal injuries. Verdict and judgment for defendant, and plaintiff appealed.
In our view of the record, a statement of the facts is not necessary to a proper determination of this case. The only complaint on this appeal is that the court erred in giving, on behalf of defendant, instructions numbered 3, 4, 5, 6, 7 and 8. The complaint in the motion for new trial regarding the giving of these instructions is as follows:
"6. Because the court erred in giving and granting at the request of defendant certain instructions."
"7. Because the court erred in giving and granting and reading to the jury instructions offered by and on behalf of the defendant and modified by the court."
The specifications in the motion for new trial are not sufficient to authorize a review of any instructions. The rule is that a general assignment of error in a motion for new trial as to the giving and refusal of instructions is good. [Wampler v. Railroad,
The next assignment in the motion for new trial alleges error in the giving of instructions offered on behalf of defendant and modified by the court. The record does not show that the court modified any instructions given on either side of the case. In this state of the *1066 record it is impossible to determine what instructions this assignment is leveled against. It is therefore insufficient to preserve the alleged error for review.
For the reasons stated, the alleged error in the giving of instructions is not open to review. This being the only error assigned here, the judgment should be affirmed. It is so ordered.Atwood, C.J., White and Gantt, JJ., concur; Ragland,Ellison and Henwood, JJ., dissent.