Brooks v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from, the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court erred in giving the instruction number 6 of its own motion. The law of comparative negligence is not known in this state. “ The law has no scales with which to determine the comparative fault of the parties.” Welsh ®. McAlister, 13 Mo. App. 89-90 ; AshbrooTc ®. Railroad, 18 Mo. App. 290-305 and 306, and authorities cited. To such a comparison, the jury was directly invited by this instruction.
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Appeal from, the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court erred in giving the instruction number 6 of its own motion. The law of comparative negligence is not known in this state. “ The law has no scales with which to determine the comparative fault of the parties.” Welsh ®. McAlister, 13 Mo. App. 89-90 ; AshbrooTc ®. Railroad, 18 Mo. App. 290-305 and 306, and authorities cited. To such a comparison, the jury was directly invited by this instruction. Nor is the instruction helped by the direction to find for the defendant in case they could not determine whose…
1Opinion of the CourtSmith, P. J.
This suit was brought before a justice of the peace of Liberty township in Clay county, to recover damages for the killing of a steer.
The case was tried in the circuit court where the plaintiff was successful and subsequently it was brought *576here by appeal where the judgment of the circuit court was reversed and the catise remanded. 27 Mo. App. 573.
The case was again tried upon substantially the following statement:(1) That the defendant negligently ran its train down grade without a sufficient number of brakemen to check its speed, etc.(2) That defendant ran its cars, locomotives and engines…
2Cases cited18 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
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