Tawney v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo - Muench, Judge. (1) It is error to instruct juries concerning presumptions of negligence. For this reason instruction 6 is erroneous. Connelly v. Railroad, 133 Mo. App. 310; Bailey v. Railroad, 152 Mo. 461; Haynes v. Trenton, 123 Mo. 332; Ham v. Barrett, 28 Mo. 388; Myers v. Kansas City, 108 Mo. 487; Rapp v. Railroad, 106 Mo. 428; Moberly v. Railroad, 98 Mo. 183; Miller v. Canton, 112 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo - Muench, Judge. (1) It is error to instruct juries concerning presumptions of negligence. For this reason instruction 6 is erroneous. Connelly v. Railroad, 133 Mo. App. 310; Bailey v. Railroad, 152 Mo. 461; Haynes v. Trenton, 123 Mo. 332; Ham v. Barrett, 28 Mo. 388; Myers v. Kansas City, 108 Mo. 487; Rapp v. Railroad, 106 Mo. 428; Moberly v. Railroad, 98 Mo. 183; Miller v. Canton, 112 Mo. App. 322; Morton v. Heidorn, 135 Mo. 616; Payne v. Railroad, 129 Mo. 419; Schepers v. Railroad, 126 Mo. 670; Cole v. Fitzgerald, 132 Mo. App. 24;…
1Opinion of the Court
OPINION.
I
BOND, J.
Presumption of no Negligence. (After stating the facts as above). — Appellant complains of instruction numbered 6 given on behalf of defendant, for that said instruction, among other things, stated to the jury the legal presumption that the injury or accident to her husband was not ‘£ due to any fault or want of care on the part of the defendant.” The point of objection to this instruetion is that since there was evidence in the case which warranted the court in submitting the issue of negligence to the jury, the instruction should not have mentioned this legal presumption…
2Cases cited1 opinion
- Coulter v. CoulterMissouri Court of Appeals · 1913
3Cited by5 opinions
- State Ex Rel. State Highway Commission v. DuncanSupreme Court of Missouri · 1929
- Jepson v. Shaw Transfer Co.Missouri Court of Appeals · 1922
- Pietzuk v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- State Ex Rel. Hartford Life Insurance v. TrimbleSupreme Court of Missouri · 1923
- Fawkes v. National Refining Co.Missouri Court of Appeals · 1939