Burton v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. Plaintiff’s instruction is erroneous. It allows a recovery simply if while the train was moving Crist told the plaintiff to get off when they got to the handcar, pad does not reqnire that Crist should have made that command negligently or carelessly. Instructions must not ignore material facts, or issues in the case. Jackson v. Boyles, 67 Mo. 609, 618; Crews y.
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Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. Plaintiff’s instruction is erroneous. It allows a recovery simply if while the train was moving Crist told the plaintiff to get off when they got to the handcar, pad does not reqnire that Crist should have made that command negligently or carelessly. Instructions must not ignore material facts, or issues in the case. Jackson v. Boyles, 67 Mo. 609, 618; Crews y. Lackland, 67 Mo. 619, 621; Bank v. Murdock, 62 Mo. 70, 73; Bertwhistle v. Woodward, 95 Mo. 113. (1) Where there is some evidence of negligence it is then a question for the…
1Opinion of the CourtEllison, J.
This action is for personal injury received by plaintiff in getting off a moving car on the order of defendant’s agent. Plaintiff recovered in the trial court.
Plaintiff was a section hand. He and his comrades had boarded a flat car to ride down to where their handcar had been left, where they were all to get off. The petition charges that, the servants of defendant in charge of the train “negligently and carelessly failed and refused to stop said train; that thereupon the foreman under whom plaintiff worked carelessly and negligently ordered plaintiff to jump off of said train.” It is then…
2Cases cited2 opinions
- Jackson v. BowlesSupreme Court of Missouri · 1878
- Birtwhistle v. WoodwardSupreme Court of Missouri · 1888