Roman v. King
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. M. Hartmann, Judge. (1) The instruction given for the plaintiff in a negligence case, (saving and excepting int cases of res ipsa loquitur) must confine the jury to the specific acts of negligence set out in the petition, and it is error to give a general instruction to the effect that if they find the defendant was negligent then plaintiff was entitled to recover.
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Appeal from St. Louis City Circuit Court.— Hon. M. Hartmann, Judge. (1) The instruction given for the plaintiff in a negligence case, (saving and excepting int cases of res ipsa loquitur) must confine the jury to the specific acts of negligence set out in the petition, and it is error to give a general instruction to the effect that if they find the defendant was negligent then plaintiff was entitled to recover. Likewise, where there is a good and sufficient plea of contributory negligence, wherein the specific acts of contributory negligence are stated, the court should not give a general…
1Opinion of the Court
Suit for damages sustained by falling on the steps of a two-story flat building known as Numbers 3209 and 3209A North Newstead Avenue, in the City of St. Louis, owned and leased as residences by defendant. The plaintiff was tenant of the upper flat. A porch extended across the entire front on Newstead Avenue, which was reached from the street by a granitoid walk to the steps about the middle of the porch. These consisted of a lower step of granitoid, and four wooden steps leading from it to the porch floor. Each flat was reached by a front door leading into the house from this porch, which…
2Cases cited8 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- O'Connor v. AndrewsTexas Supreme Court · 1891
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
- Bissell v. LloydIllinois Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Dawson v. Payless for DrugsOregon Supreme Court · 1967
- Paubel v. HitzSupreme Court of Missouri · 1936
- Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
- Landella Kanelos v. Milton KettlerCourt of Appeals for the D.C. Circuit · 1968
- Bartlett v. TaylorSupreme Court of Missouri · 1943
53 more not listed; retrieve them via the Exa API.