Henry v. Grand Avenue Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The court refused an instruction (number 1) which told the jury what the issues of the case are. The instruction is substantially like an instruction given in Boe v. City, 100 Mo. 192. This instruction defined the issues made by the pleadings. It was the duty of the court to tell the jury what the issues were. JDasMer v. Nisely, 32 Mo. 498; 2 Thompson on Trials, sec. 2314; 11 American & English.
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Appeal from Jackson Circuit Court. (1) The court refused an instruction (number 1) which told the jury what the issues of the case are. The instruction is substantially like an instruction given in Boe v. City, 100 Mo. 192. This instruction defined the issues made by the pleadings. It was the duty of the court to tell the jury what the issues were. JDasMer v. Nisely, 32 Mo. 498; 2 Thompson on Trials, sec. 2314; 11 American & English. Encyclopedia of Law, sec. 5, p. 251; Butcher v. Death, 15 Mo. 270. (2) Defendant’s first instruction is manifestly erroneous and violative of the plainest…
1Opinion of the CourtBuegess, J.
Plaintiffs filed their petition in the circuit court of Jackson county against defendant, claiming damages for personal injury to plaintiff T. J. Henry, who is the wife of her co-plaintiff, F. Gr. Henry.
Defendant filed its answer, being a general denial, and alleging contributory negligence. Plaintiffs filed reply to the new matter set up in the answer.
On the sixteenth day of June, 1890, the cause came on for trial before the court and a jury, and the plaintiffs, to sustain the issues on their part, introduced evidence tending to show the following state of facts:
*530Mrs. Henry, the. plaintiff,…
2Cases cited10 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Liese v. MeyerSupreme Court of Missouri · 1898
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Wright v. Quattrochi.Supreme Court of Missouri · 1932
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
22 more not listed; retrieve them via the Exa API.