Miller v. St. Louis Railroad
Missouri Court of Appeals
Appeal from Sfc. Louis Circuit Court. Equivocal words, and such as are ambiguous and calculated to mislead, should not be used in instructions. — Bank v. Lonergan, 21 Mo. 46 ; Beltv. Goode, 31 Mo. 128; Buelv. Transfer Go., 27 Mo. 564; Edmunds v. Railroad Go., 3 Mo.
Read the full summary
Appeal from Sfc. Louis Circuit Court. Equivocal words, and such as are ambiguous and calculated to mislead, should not be used in instructions. — Bank v. Lonergan, 21 Mo. 46 ; Beltv. Goode, 31 Mo. 128; Buelv. Transfer Go., 27 Mo. 564; Edmunds v. Railroad Go., 3 Mo. App. 603. When an instruction enumerates certain facts in the case, and is decisive of the case, it must embrace all the material facts bearing upon the point involved. — Olark v. Hammerle, 27' Mo. 55 ; Mead v. Broiherton, 30 Mo. 201; Sawyer v. Railroad Go., 37 Mo. 240. It was negligence per se, directly causing the injury, for…
1Opinion of the CourtBakewell, J.
This action is for damages for injuries suffered by plaintiff whilst a passenger on one of the street-cars of defendant. The allegations of the petition are that, by the neg*474ligence, imprudence, unsldlfulness, and carelessness of the agents and employees of defendant, a car on defendant’s road, in charge of defendant’s servants, collided with and raked against the car of defendant in which plaintiff was being carried, and broke his arm and otherwise injured him, to his damage $10,000. The answer is a general denial.
There was evidence tending to show that plaintiff, at the time of the accident,…
2Cases cited8 opinions
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
- Paine v. TildenSupreme Court of Vermont · 1848
- Draughan v. . BuntingSupreme Court of North Carolina · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Cummings v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Berryman v. CoxMissouri Court of Appeals · 1898
- Capitol Motor Lines, Inc. v. BillingsleaSupreme Court of Alabama · 1945
11 more not listed; retrieve them via the Exa API.