Meyer v. Pacific Railroad

Wagner, Judge,

delivered tbe opinion of tbe court.

When tbis case was before tbis court on a previous occasion the judgment was reversed because the Circuit Court, upon tbe trial, undertook to single out a certain fact, and instruct tbe jury that it amounted to negligence, without regard to other facts and circumstances. (See Meyer v. Pacific R.R. Co., 40 Mo. 151)

Upon a re-trial tbe whole question of negligence on tbe part of tbe employees of tbe defendant, and contributory negligence on tbe part of tbe deceased, was submitted to tbe jury. Tbe evidence was conflicting, but it is not for tbis…