Cool v. Petersen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion, J. Hugo Grimm, Judge. (1) (a) Mere abstract propositions of law serve no good purpose, and tend strongly to confuse and mis- . lead the jury. And where, as in the case at bar, all the instructions given at the request of respondent are mere abstractions, and are not explanatory of the law in its application to the facts in evidence, they will be regarded as so misleading to the jury as to cause a reversal of the judgment.
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Appeal from St. Louis City Circuit Court. — lion, J. Hugo Grimm, Judge. (1) (a) Mere abstract propositions of law serve no good purpose, and tend strongly to confuse and mis- . lead the jury. And where, as in the case at bar, all the instructions given at the request of respondent are mere abstractions, and are not explanatory of the law in its application to the facts in evidence, they will be regarded as so misleading to the jury as to cause a reversal of the judgment. Warder v. Seitz, 157 Mo. 140, 151; O’Keefe v. Railroad, 108 Mo. App. 177, 185; Benjamin v. Street Ry. Co., 133 Mo. 274,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of personal injuries received because of the negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
It appears that plaintiff was injured through being run upon by defendant’s automobile while he was in the act of crossing St. Louis avenue on the west side of Vandeventer avenue in the city of St. Louis, at the place commonly used by pedestrians. Plaintiff was a passenger on an eastbound street ear immediately before his injury. The street car company maintains double tracks in St. Louis avenue, running east and west. The…
2Cases cited3 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Hodges v. ChambersMissouri Court of Appeals · 1913
- Harding v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
3Cited by12 opinions
- Schmidt Ex Rel. Schmidt v. AllenSupreme Court of Missouri · 1957
- Yerger v. SmithSupreme Court of Missouri · 1935
- Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929
- Quillin v. ColquhounIdaho Supreme Court · 1926
- State Ex Rel. State Highway Commission v. HartmanMissouri Court of Appeals · 1931
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