Smiley v. St. Louis & Hannibal Railway Co.
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. Jno. A. Hockaday, Judge., (1) Instruction 2, given upon the request of plaintiff, transfers tbe burden of proof to defendant without requiring the jury to find that the plaintiff was without fault at the time of receiving his injury. This was plain error.
Read the full summary
Appeal from Boone Circuit Court. — Hon. Jno. A. Hockaday, Judge., (1) Instruction 2, given upon the request of plaintiff, transfers tbe burden of proof to defendant without requiring the jury to find that the plaintiff was without fault at the time of receiving his injury. This was plain error. Och v. Railroad, 130 Mo. 51; Shafer v. Railroad, 128 Mo. 70; Burnish v. Railroad, 102 Mo. 453; Hipsley v. Railroad, 88 Mo. 352; Lemon v. Chanslor, 68 Mo. 354; Miers v. Railroad, 64 Pa. St. 225; Laing v. Colder, 8 Barr, 482; Sullivan v. Railroad, 6 Case, 234. (2) Instruction 2 is also vicious because…
1Opinion of the CourtBrace, P. J.
This is an action for personal injuries in which the plaintiff obtained judgment in the court below for $5,000 and the defendant appeals.
The errors assigned for reversal are, the giving of instructions numbered two-and three for the plaintiff, the refusal to give instruction numbered eleven for the defendant, the admission of illegal evidence for the plaintiff, the exclusion of legal evidence for,the defendant, and the refusal of the court to grant a new trial on the ground of excessive damages.
The pleadings and evidence, so far as is necessary, will be noticed in the course of the opinion.
Ins…
2Cases cited12 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.