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59 Mo. 39

Cline v. Askins

Supreme Court of Missouri

Decided January 15, 1875

Supreme Court of Missouri · decided 1875-01-15

<p>1. Practice, Supreme court — Instructions, not preserved in record,etc. — Exceptions to the action of the lower court in giving or refusing instructions, will not be considered, when they are not preserved in the record.</p>

Decided 1875-01-15

Wagner, Judge,

¶1delivered the opinion of the court.

¶2Plaintiffs brought their action to recover damages for injuries which they alleged they received in consequence of defendants creating a fire .which was negligently communicated to their premises. In the court below they had a verdict for thirty-five dollars, and the defendant sued out his writ of error.

¶3The evidence was conflicting, but it was ample to sustain the verdict. The defendant objected to the instructions given for the plaintiff, and also to the refusal of the court- to give certain declarations offered by him. But the plaintiff’s instructions are not preserved in the record, and therefore the principles of law on which the ease was submitted cannot De reviewed.

¶4Nothing appearing to the contrary, the presumptions are that the court decided correctly.

¶5The judgment is affirmed;

The other judges concur, except Judge Vories, who is absent.
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