Sherwood v. Grand Avenue Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court,. — Hon. J. H. Slover, Judge. (1) The circuit court erred in refusing to quash the panel of jurors which tried the case. (2) In the third instruction for the plaintiff the court instructed the jury “that upon the issue of contributory negligence of plaintiff raised by defendant’s answer, the burden of proof is upon defendant.” The giving of this instruction was error.
Read the full summary
Appeal from Jackson Circuit Court,. — Hon. J. H. Slover, Judge. (1) The circuit court erred in refusing to quash the panel of jurors which tried the case. (2) In the third instruction for the plaintiff the court instructed the jury “that upon the issue of contributory negligence of plaintiff raised by defendant’s answer, the burden of proof is upon defendant.” The giving of this instruction was error. It referred the jury to the pleadings to ascertain the issue of contributory negligence. “The instructions refer the jury to the indictment to find what they must determine in order to convict.…
1Opinion of the CourtBtjrgess, J.
This is an action to recover damages for injuries sustained by plaintiff, who was a passenger oh one of defendant’s cars, alleged to have been occasioned by the negligence of defendant’s servants in charge of the car, who, after having stopped it for plaintiff to alight, and while she ■ was in the act of doing so, without giving her time to alight, suddenly started it, throwing her against the ear and injuring her. The defenses were general denial and contributory negligence. Plaintiff recovered a verdict for $4,500. Defendant appealed.
Plaintiff was a passenger on one of defendant’s cars…
2Cases cited17 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Noble v. BlountSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- Carson v. SmithSupreme Court of Missouri · 1896
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Cheatham v. ChartrauMissouri Court of Appeals · 1944
12 more not listed; retrieve them via the Exa API.