Gould v. Chicago, Burlington & Quincy Railroad

Action for personal injuries. The jury found for plaintiff and assessed his damages at the sum of $15,000. Defendant has appealed from the judgment rendered on such verdict.

The petition alleged several negligent acts on the part of defendant. At the request of plaintiff, the trial court gave an instruction withdrawing from the consideration of the jury all grounds of negligence alleged in the petition, except the single ground submitted in Instruction 1, which was based on the humanitarian rule. The amended answer contained a general denial, a plea of contributory negligence, and a plea that…