Huston v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. George W. Wanamalcer, Judge. (1) The court erred in giving plaintiff’s instruction 2, submitting the question of negligence because of the failure to have a toggle on the pile driver. Instructions must be based on the evidence as well as the pleadings and there being no evidence to support such an instruction it was error to give it.
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Appeal from Grundy Circuit Court. — Hon. George W. Wanamalcer, Judge. (1) The court erred in giving plaintiff’s instruction 2, submitting the question of negligence because of the failure to have a toggle on the pile driver. Instructions must be based on the evidence as well as the pleadings and there being no evidence to support such an instruction it was error to give it. Chitty v. Railroad, 148 Mo. 78; Roscoe v. Railroad (Mo.), 101 S. W. «32; Jordan v. Transit Co. (Mo.), 101 S. W. 14; Behen v. Transit Co., 186 Mo. 442; Willis v. PoAver Co., Ill Mo. App. 587; Chambers v. Railroad, 101 Mo.…
1Opinion of the CourtJohnson, J.
Plaintiff sued for damages for personal injuries alleged to have been caused by the negligence of defendant and recovered judgment in the circuit court. Defendant brought the case here by appeal and presents a number of grounds for a reversal of the judgment, among them the contention that its request for a peremptory instruction in the nature of a demurrer to the evidence should have been granted.
Plaintiff was a member of a crew employed by defendant, a railroad company, in the operation of a steam pile driving machine. His principal duty was to cook for the crew but when not thus employed,…
2Cases cited4 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Stubbs v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1900
- Orendorff v. Terminal RailroadMissouri Court of Appeals · 1906
3Cited by8 opinions
- Williams v. PryorSupreme Court of Missouri · 1917
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Warner v. Oriel Glass CompanySupreme Court of Missouri · 1928
- Pratt v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
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