Jersey Farm Dairy Co. v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon.J.B. Kinealy, Judge. (1) The court erred in giving instruction No. 1 for the plaintiff. This instruction singles out certain facts and tells the jury if they find these facts to be true, then as a matter of law, they shall find for the plaintiff. Such instructions are erroneous. Chappell v. Allen, 38 Mo. 213; Rose v. Spies, 44 Mo. 20; Bank v. Currie, 44 Mo. 91; Meyer v. Eailroad, 45 Mo. 137; Koenig v. Life Assn., 3 Mo.
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Appeal from St. Louis City Circuit Court. — Eon.J.B. Kinealy, Judge. (1) The court erred in giving instruction No. 1 for the plaintiff. This instruction singles out certain facts and tells the jury if they find these facts to be true, then as a matter of law, they shall find for the plaintiff. Such instructions are erroneous. Chappell v. Allen, 38 Mo. 213; Rose v. Spies, 44 Mo. 20; Bank v. Currie, 44 Mo. 91; Meyer v. Eailroad, 45 Mo. 137; Koenig v. Life Assn., 3 Mo. App. 596; Schaffer v. Lealy, 21 Mo. App. 110. (2) An instruction which ignores a defense on which there is some evidence is…
1Opinion of the CourtGoode, J.
— Action for injuries to a team of horses, harness, wagon and contents of the wagon caused by a rear-end collision with an electric car. While plaintiff’s employee, John Walton, was driving one of plaintiff’s milk wagons on November 24, 1902, the wagon was hit by a car of the Transit Company. It was about five o ’clock of a drizzly morning that the accident occurred. Walton had driven north on Eleventh street to Chouteau avenue, turned west on Chouteau to Twelfth street, then again north on Twelfth intending to leave that street and go west on Gratiot. He had reached Gratiot street and was in…
2Cases cited3 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Noll v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Shanks v. Springfield Traction Co.Missouri Court of Appeals · 1903
3Cited by2 opinions
- Union Biscuit Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Freymark v. St. Louis Transit Co.Missouri Court of Appeals · 1905