Kennedy v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The instruction numbered six, being the second of the series given for the plaintiff, is erroneous; it instructs the jury that they, “must believe from a preponderance or greater weight of the evidence, that that the plaintiff negligently attempted to alight’ from the defendant’s ear before it came to a stop at Broadway and Olive streets.”
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The instruction numbered six, being the second of the series given for the plaintiff, is erroneous; it instructs the jury that they, “must believe from a preponderance or greater weight of the evidence, that that the plaintiff negligently attempted to alight’ from the defendant’s ear before it came to a stop at Broadway and Olive streets.” This entirely ignores the plea of contributory negligence pleaded by the defendant. Hudson v. Railroad, 101 Mo. 30; Florida v. Pullman Car Co. 37 Mo. App. 598. (2) The seventh…
1Opinion of the CourtReyburn, J.
(after stating the facts as above.) — 1. Among other instructions given at the instance of plaintiff was the following:
“6. The court instructs the jury that before you can find for the defendant on the grounds that plaintiff’s own negligence contributed to cause the injury, as alleged in defendant’s answer, you must believe from a preponderance or greater weight of the evidence that plaintiff negligently attempted to alight from defendant’s car before it came to a stop at Broadway and Olive, streets. ’ ’
Appellant vigorously assails this charge as ignoring the plea of contributory negligence…
2Cases cited8 opinions
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Murphy v. SS Kresge Co.Missouri Court of Appeals · 1951
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Caspermeyer v. Florsheim Shoe Store Co.Missouri Court of Appeals · 1958
4 more not listed; retrieve them via the Exa API.