Wyatt v. Citizens Railway Co.
Supreme Court of Missouri
Jtppealfrom Buchanan Circuit Court. The second instruction1 given for respondent was wrong. The question of negligence in this case was for the jury. Where the facts are not perfectly clear, as in the case at bar, he whole matter should be submitted to the jury under propsr instructions.
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Jtppealfrom Buchanan Circuit Court. The second instruction1 given for respondent was wrong. The question of negligence in this case was for the jury. Where the facts are not perfectly clear, as in the case at bar, he whole matter should be submitted to the jury under propsr instructions. The jury should determine whether, notwithstanding the imprudence of the injured person, the defendant could not in the exercise of reasonable diligence have prevented the catastrophe.' (Huelseneamp vs. Citizens Railway, 37 Mo., 537; Morrissey vs. Wiggins Ferry Co., 43 Mo., 380 ; Id., 47 Mo., 521; O’Flaherty…
1Opinion of the CourtNapton, Judge
The only question in this case is the propriety of the instructions given. The evidence is not preserved. The bill of exceptions merely states, that there was evidence by the plaintiff to prove the issues on his side, and by the defendant to disprove them. The defendant is proprietor of a street railway in the City of St. Joseph. The petition charges that the plaintiff’s son, about 17 years old, took passage on the car destined for the crossing of 6th street, at or near the “Oregon House” on 6th street; that this was a point at which it was customary for defendant’s ear to stop, when a…
2Cases cited3 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Madison County Coal Co. v. Steamboat ColonaSupreme Court of Missouri · 1865
3Cited by25 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Conner v. Citizens Street Railway Co.Indiana Supreme Court · 1886
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
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