Sampson v. Missouri Pacific Railroad

I respectfully dissent. I would reverse and remand for new trial.

In my opinion the giving of Instruction No. 7 constituted reversible error. I can conceive of no excuse for or justification of the second paragraph of that instruction and the principal opinion offers none. In fact, it disapproves of it, says it is dangerous and is not to be used in future cases. It concludes that it was not reversible error but I cannot concur in that conclusion.

The jury had been informed that plaintiff had been paid compensation by General Motors although they were not given figures as to how much. They heard…