Gibbs ex rel. Hill v. Poplar Bluff Light & Power Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) There Avas no evidence of any negligence on. part of the defendant, and even if there had been, plaintiff’s own negligence caused the injury. McGrath v. Transit Co., 197 Mo. 97; 1 Thompson on Negligence, sec. 1246, p. 1112; Gallagher v. Illuminating Co., 72 M'o. App. 576; Gannon v. Light Co., 145 Mo. 502; Oglesby v. Railroad, 177 Mo. 272; Fuchs v. St. Louis, 167 Mo. 620; Trigg y.
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) There Avas no evidence of any negligence on. part of the defendant, and even if there had been, plaintiff’s own negligence caused the injury. McGrath v. Transit Co., 197 Mo. 97; 1 Thompson on Negligence, sec. 1246, p. 1112; Gallagher v. Illuminating Co., 72 M'o. App. 576; Gannon v. Light Co., 145 Mo. 502; Oglesby v. Railroad, 177 Mo. 272; Fuchs v. St. Louis, 167 Mo. 620; Trigg y. Land & L. Co., 187 Mo. 227; Bennett v. Himmelberger, 117 Mo. App. 58; Kappes v. Shoe Company, 116 Mo. App. 154; Purcell v. Shoe Company, 187 Mo.…
1Opinion
ON MOTION FOR REHEARING.
GRAY, J.
Appellant has filed a motion for rehearing, and it is claimed that the opinion of the court is in conflict with the case of Cook v. Railroad, 94 Mo. App. 417, 68 S. W. 230. In that case the following instruction was given: “ ‘Contributory negligence is a defense pleaded by the defendant and must be proven by the defendant by the greater weight of all the credible evidence in the case, and unless you believe the defendant has shown by such,’ etc., then defendant has failed to support its defense.”
The objection made to the instruction by Judge Smith, of the…
2Cases cited2 opinions
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Cook v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902