Sullivan v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court’ Hon. R. E. Cowan, Judge. (1) The first instruction given on behalf of the plaintiff, is an authorization of a verdict for the plaintiff,. and is erroneous in the following particulars: (a) It ignores the question of plaintiff ’ s knowledge of the de-. feet, and authorizes a verdict for the plaintiff without requiring the jury to pass on the question of whether, the plaintiff knew of the broken or cracked tie beam or. not.
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Appeal from Jackson Special Law and Equity Court’ Hon. R. E. Cowan, Judge. (1) The first instruction given on behalf of the plaintiff, is an authorization of a verdict for the plaintiff,. and is erroneous in the following particulars: (a) It ignores the question of plaintiff ’ s knowledge of the de-. feet, and authorizes a verdict for the plaintiff without requiring the jury to pass on the question of whether, the plaintiff knew of the broken or cracked tie beam or. not. In connection with the third instruction given for the plaintiff, and the seventh refused for the defendant,. it authorized…
1Opinion
On re-hearing.
Ray, J.
This case, on a motion for re-hearing, has-been argued the second time, and we are earnestly asked to recede from the ruling heretofore made; and in support thereof numerous authorities have been cited and urgently pressed upon our attention, as establishing a doctrine directly the reverse of the one announced in the opinion heretofore delivered. It is not pretended that the ruling already made is not supported by the authorities cited- and relied upon in that opinion; but it is *183insisted, that it is in direct conflict with other controlling decisions of this court, to…
2Cases cited15 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- State v. McNallySupreme Court of Missouri · 1885
- Williams v. VanmeterSupreme Court of Missouri · 1844
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
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