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.…
1DissentBond, C. J.
(dissenting). — Plaintiff, John P. Orris, instituted this action for personal injuries against the Chicago, Bock Island & Pacific Railway Company, to recover the sum of twenty thousand dollars damages, alleged to be due to the defendant’s negligence in failing to provide “plaintiff with a reasonably safe locomotive engine” on which he was required to work; that on account of the defective condition of said locomotive, “live cinders and ignited pieces of coal struck the plaintiff in the left eye . . . and destroyed the sight thereof. ’ ’
There was evidence tending to prove that on the morning…
2Cases cited8 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Sweet v. OwensSupreme Court of Missouri · 1891
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- McFern v. GardnerMissouri Court of Appeals · 1906
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