Eichorn v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. D. W. Shaokleeord, Judge. (1) The court erred in giving the plaintiff’s instructions. First. They they did not correctly state the duty and liability of defendant. Second. They did not set forth the facts necessary to constitute contributory negligence. Moore v. Railroad, 29 S. W. Rep. 9. Third. They were inconsistent with the one given for defendant. Fourth. They were not warranted by the evidence.
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Appeal from Cooper Circuit Court. — Hon. D. W. Shaokleeord, Judge. (1) The court erred in giving the plaintiff’s instructions. First. They they did not correctly state the duty and liability of defendant. Second. They did not set forth the facts necessary to constitute contributory negligence. Moore v. Railroad, 29 S. W. Rep. 9. Third. They were inconsistent with the one given for defendant. Fourth. They were not warranted by the evidence. (2) The court erred in refusing defendant’s instructions numbers 2, 3, 4, and 6. They correctly set forth the duties and liabilities of the parties, and…
1Opinion of the CourtG-antt, P. J.
This is an action to recover damages resulting from personal injuries received by the plaintiff, a married woman, in attempting to board one of the defendant’s passenger trains at Harriston *578Station on defendant’s railroad, in Cooper county, Missouri, on February 19, 1892.
The petition alleges that on said nineteenth day of February and for a long time prior thereto the defendant had carelessly and negligently failed to construct and maintain any platform or provide any other means suitable and safe to enable passengers to get on and off the cars of the defendant at said station; that the…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
3Cited by12 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- People v. BarltzMichigan Supreme Court · 1920
- Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899
- Rearden v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- St. Louis S. F. R. Co. v. CoxSupreme Court of Oklahoma · 1910
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