Hopkins v. Highland Dairy Farms Co.

This was an action for personal injuries brought by the present respondent against the Highland Dairy Farms Co., a corporation, and its employee James A. Flavin. A trial in the circuit court of the City of St. Louis resulted in' a verdict for the defendants and the plaintiff filed her motion for a new trial, which was sustained on the sole ground that the court had erroneously given instruction number 6, hereinafter set out, at the request of the defendants. From the sustaining of this motion the defendants have appealed.

The instruction complained of by the plaintiff and held erroneous by the…