35.00 [1998 Revision] Illustrations(General Comment

Instruction No 1 35.00 [1998 Revision] IllustrationsCGeneral Comment The Committee furnishes for your use illustrations prepared by the Committee in certain hypothetical cases using court-approved instructions. If any conflict exists between an instruction and an illustration, the court-approved instruction governs. Northeast Mo. Elec. Power Co-op. v. Fulkerson, 542 S.W.2d 26 (Mo.App.1976), and State ex rel. State Highway Com'n v. Schwartz, 526 S.W.2d 952 (Mo.App.1975). In referring to the illustrations, care should be used to be certain that the illustration and its instructions apply to the facts and legal theory of the case being submitted and that none of the instructions used in the illustration has been revised by the Committee. (Always check the most recent pocket part.) In the illustrations in this edition of MAI, factual situations may differ from those used in illustrations in prior editions of MAI. The annotations to the prior illustrations will vary in applicability depending on the extent to which the former factual situation was carried over into the present illustration.