Tate v. Western Union Telegraph Co.

I do not agree with the reason assigned for holding the plaintiff's main instruction erroneous. But I do believe the instruction is erroneous for the reasons assigned in the case of McCloskey v. Koplar, 329 Mo. 527, 46 S.W.2d 557, 92 A.L.R. 641, note, and, therefore, I concur in the result reached.Ellison, P.J., and Leedy, J., concur.