Missouri Pacific Railroad Co. v. Mitchell

Hart, J.,

(after stating the facts). At the request of the defendant the court gave instructions Nos. 7 and 8, which read as follows:

“No. 7. You are instructed in this case that, where no person is injured, but only property is damaged, the defense of contributory negligence is an absolute defense, and, although you may find that the defendant was guilty of negligence, yet, if you find that the plaintiff was guilty of any negligence contributing to the damage, your verdict must be for the defendant, notwithstanding the negligence of the defendant, unless you find that the accident was caused…