Siegel v. Illinois Central Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred, in giving, at plaintiff’s request, an instruction on contributory negligence as follows : ‘ ‘ Tbe court instructs you that on tbe pleadings and evidence in this case plaintiff was not guilty of any negligence that contributed to or caused any of tbe injuries for which be sues.” There was no plea of contributory negligence in this case.
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred, in giving, at plaintiff’s request, an instruction on contributory negligence as follows : ‘ ‘ Tbe court instructs you that on tbe pleadings and evidence in this case plaintiff was not guilty of any negligence that contributed to or caused any of tbe injuries for which be sues.” There was no plea of contributory negligence in this case. Tbe defendant did not attempt to prove contributory negligence, hence tbe issue of contributory negligence was not in tbe case, and was not an issue upon which…
1Opinion of the CourtReynolds, P. J.
— Action by plaintiff for damages resulting from injuries sustained by him while a passenger on one of the defendant’s trains. The petition is in the usual-form, charging that while plaintiff was a passenger on the defendant’s road in transit from Paducah, Ky., to St. Louis, Mo., the defendant “negligently and carelessly caused and permitted, in a manner to plaintiff unknown, the car which plaintiff boarded at Nashville, Tenn., in which plaintiff was then and there being transported by defendant, for hire, as aforesaid, to be derailed while moving rapidly, and wrecked, and thereby directly…
Also in this document: Concurrence.
2Cases cited8 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Chicago, Milwaukee & St. Paul Railway Co. v. LowellSupreme Court of the United States · 1894
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Sickles v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1896
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3Cited by3 opinions
- Daly v. PryorMissouri Court of Appeals · 1917
- Stofer v. Kansas City Public Service Co.Missouri Court of Appeals · 1931
- Ward v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915