Chitty v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Host. H. C. Riley, Judge. (1) Tbe court erred in giving instruction number 1 for plaintiff. Tbis instruction was vague and ambiguous and calculated to mislead tbe jury.
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Appeal from Scott Circuit Court. — Host. H. C. Riley, Judge. (1) Tbe court erred in giving instruction number 1 for plaintiff. Tbis instruction was vague and ambiguous and calculated to mislead tbe jury. Under tbis instruction tbe jury might bave found all tbe facts therein stated to be true and although they might bave further believed that plaintiff was injured by jumping from tbe car, as defendant’s witnesses testified, still tbis instruction would bave required them*to find for tbe plaintiff. George v. Railroad, 40 Mo. App. 438; Donahue v. Railroad, 83 Mo. 560; Legg v. Johnson, 23 Mo.…
1Opinion of the Court
MARSHALL, J,
Action for $20,000 damages for personal injuries.
The plaintiff, a minor, became, on April 5th, 1893, a passenger on one of defendant’s local freight trains at Bidder’s Switch, in Scott county, to go to Allenville, in Oape Gi-rardeau county. After paying his fare, the petition alleges, “that plaintiff took his place and remained in the caboose attached to the rear end of said train, which was set apart and used by defendant for the carrying of passengers as aforesaid; that, while said local freight train was standing still for some purpose on defendant’s main track" at Delta, an…
2Cases cited20 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Fowler v. Park Corp.Supreme Court of Missouri · 1984
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
61 more not listed; retrieve them via the Exa API.