McKeon v. Citizens' Railway Co.
Supreme Court of Missouri
Jippeal from St. Louis Circuit Court. The court below erred in giving the last instruction, at its own instance, after the jury had retired and were unable to agree upon a verdict, as it had a direct tendency to mislead them and draw their attention off from the doctrine of contributory negligence raised by the proof in the cause.
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Jippeal from St. Louis Circuit Court. The court below erred in giving the last instruction, at its own instance, after the jury had retired and were unable to agree upon a verdict, as it had a direct tendency to mislead them and draw their attention off from the doctrine of contributory negligence raised by the proof in the cause. The instruction purports to make a complete case of liability in the company where an injury occurs to a passenger (notwithstanding the passenger may have contributed directly to bring about the injury), if such injury could in any way be traced to or might have…
1Opinion of the CourtCurrier, Judge
The general facts appearing in this record are sufficiently stated in the opinion of the court delivered in this cause when it was heard on a former occasion. (42 Mo. 79.) There is but a single question presented for consideration on the present appeal. , At the re-trial, after the jury had retired to consider of their verdict, the court, on the request of the jury for further directions regarding the law of the case, of its own motion gave the following additional instruction, namely: “The law does not fix or regulate the number or kind of servants and agents that defendant shall employ in…
2Cases cited1 opinion
- McKeon v. Citizens' Railway Co.Supreme Court of Missouri · 1867
3Cited by13 opinions
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Bidleman v. Morrison Motor Freight, Inc.Missouri Court of Appeals · 1954
- Elmore v. Kansas CityMissouri Court of Appeals · 1960
- Christianson v. McDermott EstateMissouri Court of Appeals · 1907
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