Missouri Pac. R.R. Co., Thompson, Trustee v. Avery

The railroad negligently permitted a large hole to exist in the sidewalk which crossed over its tracks in a street. The plaintiff fell into this hole and received serious injuries. .She recovered judgment against the railroad for $3,000, from which is this appeal.

The case was submitted to the jury under instructions that they could find for the plaintiff only if they found the crossing was defective; that the defect, if any, was caused by the carelessness of the railroad company; and that the plaintiff herself exercised due care in crossing over said crossing. The jury were specifically told…