Orris v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. George TV. Wanamaher, Judge. (1) The defendant’s instruction numbered 1 is erroneous in that said instruction tells the jury that the injury to plaintiff’s eye is no evidence whatever of negligence.
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Appeal from Grundy Circuit Court. — Hon. George TV. Wanamaher, Judge. (1) The defendant’s instruction numbered 1 is erroneous in that said instruction tells the jury that the injury to plaintiff’s eye is no evidence whatever of negligence. The nature and character of the injury, the manner in which the injury was received and the facts surrounding the injury are evidence for plaintiff tending to show negligence on the part of the defendant, and the court erred in withdrawing this evidence from the consideration of the jury by this instruction. Walker v. Railroad Co., 178 S. W. 110; 2 Thomp.…
1Opinion of the CourtGraves, J.
Whilst in the service of the defendant as fireman upon an interstate train, the plaintiff lost his left eye by reason of a burning or hot cinder escaping from defendant’s engine. Plaintiff says the defendant was negligent in furnishing to him and his crew an engine which was out of repair, and that his injury was the result of such negligence.
The action is one under the Federal Act. He states the alleged negligence of the defendant thus:
“Said engine was defective in that some of the flues of said engine permitted water to leak onto the flue-sheet from the boiler of said engine, and in that…
2Cases cited11 opinions
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- State v. RoeSupreme Court of Vermont · 1840
- Sweet v. OwensSupreme Court of Missouri · 1891
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
- State v. ThomasSupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Le Grand v. U-Drive-It Co.Supreme Court of Missouri · 1952
- Gladden v. Missouri Public Service CompanySupreme Court of Missouri · 1955
- Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
- Koebel Ex Rel. Koebel v. Tieman Coal & Material Co.Supreme Court of Missouri · 1935
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
28 more not listed; retrieve them via the Exa API.