Dowling v. Gerard B. Allen & Co.
Supreme Court of Missouri
Appeal from 8t. Louis Court of Appeals. ' [1] Tke testimony is not sufficient to support tke verdict. [2] The instructions given for plaintiff were wrong ; they left the question of negligence to the jury. Negligence is a question of law for the court and the latter must state some rule as to what constitutes negligence, and the province of the jury is to ascertain whether the facts of the case on trial bring it within the rule.
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Appeal from 8t. Louis Court of Appeals. ' [1] Tke testimony is not sufficient to support tke verdict. [2] The instructions given for plaintiff were wrong ; they left the question of negligence to the jury. Negligence is a question of law for the court and the latter must state some rule as to what constitutes negligence, and the province of the jury is to ascertain whether the facts of the case on trial bring it within the rule. Good,win v. By., 75 Mo. 74; Y a,mall v. By., 75 Mo. 583 ; WycM v. By., 62 Mo. 411 ; Tarwater v. By., 42 Mo. 198. [3] The third instruction for plaintiff was wrong,…
1Opinion of the CourtHenry, C. J.
This cause was here, on appeal, at the October term, 1881, and the judgment of the court of appeals, reversing that of the circuit court, was affirmed. On a re-trial of the cause, plaintiff obtained a judgment for ten thousand dollars, from which this appeal is prosecuted. The case is reported in 74 Mo. 14, and we adopt the statement there made, as substantially .correct, except that on a re-trial of the cause, defendant introduced evidence contradictory of material testimony adduced by the plaintiff. Plaintiff testified that King directed him to “go and stop off the engine.” King testified…
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- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
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