Opinion

Middleman v. Complete Auto Transit, Inc.

  • 486 S.W.2d 456
  • 1972 Mo. LEXIS 823
Court
Supreme Court of Missouri
Filed
Nov 13, 1972
Status
Published
Author
Donnelly
On the bench
Stockard, Finch, Seiler, Morgan, Holman, Bardgett, Henley, Jj-, Donnelly
Cited by
11 cases

plaintiff allowed to amend petition to allege specific negligence in applying brakes such that tractor-trailer unit jackknifed because issue tried by implied consent

How later courts described this case

  • plaintiff allowed to amend petition to allege specific negligence in applying brakes such that tractor-trailer unit jackknifed because issue tried by implied consent
  • no objection on basis that issue was outside of the pleadings

Written by the judges who cited it.

The opinion

DONNELLY, Judge

(dissenting).

I believe prejudicial error resulted from the refusal of the trial court to give Instruction B.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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