Breen v. St. Louis Transit Co.

— This is the second appeal of this case. On the first appeal the judgment was reversed and cause remanded for error in instructions given for plaintiff. On the second trial, the • verdict was again for plaintiff, the damages being assessed at seventy-five dollars. After taking the usual steps to preserve its exceptions, this appeal was taken. The error assigned and discussed on the oral argument and in the briefs of appellant consists in the refusal of the trial court to give the following instruction:

“The jurors are instructed that although you may believe and find from the evidence that…