Phillips v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. Division Number Two. — Hon. David E. Blair, Judge. (1) The court erred in refusing instruction K asked by defendant, and that error is not cured by instruction L given for defendant. They present two entirely different propositions.
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Appeal from Jasper Circuit Court. Division Number Two. — Hon. David E. Blair, Judge. (1) The court erred in refusing instruction K asked by defendant, and that error is not cured by instruction L given for defendant. They present two entirely different propositions. L is to the effect that if plaintiff’s leg was broken in the fight, then he could not recover at all, and K was to the effect that, although, his leg may have been broken by the fender, yet if plaintiff received any injuries in the fight he could not recover anything on account of such injuries. The evidence shows plaintiff did…
1Opinion of the Court
STURGIS, J. —
The injuries for which plaintiff recovered damages in this case are alleged to have been caused by the negligence of the conductor on one of defendant’s street cars in letting the heavy fender of the car fall in such manner as to strike plaintiff’s leg, breaking one of the bones between the knee’ and ankle, and resulting in the injuries sued for in the first count of the petition. There was originally a second count in the petition, which, in addition to alleging the facts relative to plaintiff’s injury by the fender of the street car, also allege that after such injury the…
2Cases cited26 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Haniford v. City of KansasSupreme Court of Missouri · 1890
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3Cited by1 opinion
- Beckwith v. City of MaldenMissouri Court of Appeals · 1923