White v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) Even though defendant’s instruction 6 was not within the issues tendered by the answer, nevertheless the facts upon which it was predicated having been developed in plaintiff’s own evidence, it was proper'to give it. Sissel v. Railroad, 214 Mo. 526; Pirn v. Transit Co., 108 Mo. App. 716; Hill v. Drug Co., 140 Mo. 438; Fire Brick Co. v. Railroad, 21 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) Even though defendant’s instruction 6 was not within the issues tendered by the answer, nevertheless the facts upon which it was predicated having been developed in plaintiff’s own evidence, it was proper'to give it. Sissel v. Railroad, 214 Mo. 526; Pirn v. Transit Co., 108 Mo. App. 716; Hill v. Drug Co., 140 Mo. 438; Fire Brick Co. v. Railroad, 21 Mo. App: 656; Chaney v. Railroad, 176 Mo. 598; Allen v. Transit Co., 183 Mo. 424; Hudson v. Railroad, 101 Mo. 30; Benjamin v. Railroad, 245 Mo. 598. (2) Plaintiff’s…
1Opinion of the Court
BLAIR, C.
This is an appeal from an order of the eirenit court of St. Louis City granting a new trial after verdict for defendant in an action for damages for injuries alleged to have been the result of plaintiff’s having been thrown from one of defendant’s cars by the sudden application of the air brake. The answer consisted of a general denial coupled with a plea that “whatever injuries, if any, plaintiff sustained, were caused by his own carelessness and negligence in alighting or attempting to alight from the street car while it was in motion. ”
Plaintiff was fifteen years and five months…
2Cases cited3 opinions
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Heinze v. Interurban Railway Co.Supreme Court of Iowa · 1908
- Collett v. KuhlmanSupreme Court of Missouri · 1912
3Cited by20 opinions
- Knox v. WeathersSupreme Court of Missouri · 1953
- Stumpf v. Panhandle Eastern Pipeline Co.Supreme Court of Missouri · 1945
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Danner v. WeinreichSupreme Court of Missouri · 1959
- Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
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