Hughes v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline 'Circuit Court. — Hon. Richard Field, Judge. (1) The instructions given by the court at the instance of the plaintiff are illegal and improper. They ignore all evidence tending to prove negligence of the plaintiff, and virtually direct the jury to find for the plaintiff, regardless of whether or not he was guilty of negligence which was the proximate cause of his injury.
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Appeal from Saline 'Circuit Court. — Hon. Richard Field, Judge. (1) The instructions given by the court at the instance of the plaintiff are illegal and improper. They ignore all evidence tending to prove negligence of the plaintiff, and virtually direct the jury to find for the plaintiff, regardless of whether or not he was guilty of negligence which was the proximate cause of his injury. See Thompson on Trials, sec. 2328; Sheedy v. Streeter, 70 Mo. 684; Maxwell v. Railroad, 85 Mo. 96; Sullivan v. Railroad, 88 Mo. 169; Dougherty v. Railroad, 97 Mo. 661; Owens v. Railroad, 95 Mo. 169. (2) The…
1Opinion of the CourtRobinson, J.
This, is a suit for personal injuries to plaintiff, alleged to have been received by him while at defendant’s depot platform in the city of Independence in this state. Defendant is a corporation operating a line of railroad from the city of Louisiana in Pike county, Missouri through the city of Independence to Kansas City.
The petition states in substance that on the nineteenth day of December, 1891, plaintiff, intending to become a passenger on one of defendant’s trains, and having purchased a ticket for that purpose at defendant’s depot, was awaiting the arrival of the train on which he…
2Cited by22 opinions
- McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Larey v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- Howard v. Scarritt Estate Co.Supreme Court of Missouri · 1916
- Piehler Ex Rel. Schultz v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
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