McGee v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Monroe Circuit Court.— Hon. Theodore Brace, Judge. (1) The court erred in giving plaintiff’s second instruction. It is too general and indefinite. It told the jury that if they found certain acts of negligence on defendant’s part, and that plaintiff, while exercising’ due care on his part, fell down the embankment and was injured, they must find for the plaintiff. This is simply an abstraction.
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Appeal from Monroe Circuit Court.— Hon. Theodore Brace, Judge. (1) The court erred in giving plaintiff’s second instruction. It is too general and indefinite. It told the jury that if they found certain acts of negligence on defendant’s part, and that plaintiff, while exercising’ due care on his part, fell down the embankment and was injured, they must find for the plaintiff. This is simply an abstraction. The jury should have been instructed that they must take into consideration all the circumstances of the case, the darkness of the night, the knowledge possessed by plaintiff of the…
1Opinion of the CourtNorton, C. J.
This is an action to recover damages for injuries sustained by plaintiff, a passenger on one of defendant’s freight trains, in consequence of de*215fendant’s negligence, and the case is before ns on defendant’s appeal from a judgment obtained by plaintiff on the trial, and we are asked to reverse the judgment because of alleged error in the circuit court, in refusing to give an instruction for defendant in the nature of a demurrer to the evidence, and in giving improper instructions for plaintiff.
The evidence on the part of the plaintiff tends to establish the following facts, viz: That plaintiff…
2Cases cited8 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Hicks v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Wood v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
44 more not listed; retrieve them via the Exa API.