Wilburn v. St. Louis, Iron Mountain & Southern Railway Co.

This is the second time this case has been before us. Wilburn v. Railroad, 36 Mo. App. 203. We reversed the judgment on the first appeal on account of errors in the instructions. Upon a retrial before a jury the plaintiff again had a judgment, and the defendant has again appealed.

The assignments of error on this appeal may be condensed into three: First. The evidence was not sufficient to authorize the verdict of the jury. Second. The plaintiff’s instructions are faulty. Third. The court erred in refusing to grant a new trial on account of improper remarks and conduct by the plaintiff’s…