Britton v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Cwcuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) There is no evidence to support the verdict. (2) The trial court erred in giving erroneous instructions asked by the plaintiff. Courts should tell the jury what issues are to be tried and not refer them to the pleadings. Such instructions are erroneous. Cocker v. Cocker, 2 Mo. App. 451; JEdelmannv. Transfer Co., 3 Mo. App. 505; E&mmler v. Shenuit, 15 Mo. App. 192; Rays v. Railroad, 15 Mo.
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Appeal from St. Louis City Cwcuit Cou/rt. — Hon. Daniel Dillon, Judge. (1) There is no evidence to support the verdict. (2) The trial court erred in giving erroneous instructions asked by the plaintiff. Courts should tell the jury what issues are to be tried and not refer them to the pleadings. Such instructions are erroneous. Cocker v. Cocker, 2 Mo. App. 451; JEdelmannv. Transfer Co., 3 Mo. App. 505; E&mmler v. Shenuit, 15 Mo. App. 192; Rays v. Railroad, 15 Mo. App. 584: Proctor v. Loomis, 35 Mo. App. 482; Flieschman v. Miller, 38 Mo. App. 177. (3) Plaintiff’s third instruction is erroneous…
1Opinion of the CourtG-antt, P. J.
This is an action for personal damages, against Killoran, a contractor, and the city of St. Louis, for negligence in leaving a deep and dangerous excavation, in a public alley in said city, unguarded and exposed, whereby plaintiff was precipitated into it on the night of December 23, 1889, and received permanent injury to his left knee and suffered loss of time, being a day laborer, and his physician’s bill, bodily pain and mental anguish to his damage in the sum of $10,000. The answer was a general denial and contributory negligence. The plaintiff recovered a judgment against both the…
2Cases cited5 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Masonic Mutual Benefit Society v. LacklandSupreme Court of Missouri · 1888
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
- Edelmann v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
- Corrister v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
3Cited by24 opinions
- State v. DavidSupreme Court of Missouri · 1895
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Hickey v. WelchMissouri Court of Appeals · 1901
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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