Weigman v. St. Louis, Iron Mountain & Southern Railway
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. Jos. J. Williams, Judge. (1) The burden of proving contributory negligence on the part of plaintiff’s husband rested on defendant. Plaintiff’s husband, in the absence of evidence on her behalf to the contrary, was presumed to have been in the exercise of ordinary care. The instruction given by the court erroneously required plaintiff to prove affirmatively that her husband was in the exercise of ordinary care.
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Appeal from Jefferson Circuit Court. — Hon. Jos. J. Williams, Judge. (1) The burden of proving contributory negligence on the part of plaintiff’s husband rested on defendant. Plaintiff’s husband, in the absence of evidence on her behalf to the contrary, was presumed to have been in the exercise of ordinary care. The instruction given by the court erroneously required plaintiff to prove affirmatively that her husband was in the exercise of ordinary care. Stotler v. Eailroad, 200 Mo. 146; Hucksold v. Eailroad, 90 Mo. 548; Green v. Eailroad, 192 Mo. 143; Weller v. Eailroad, 164 Mo. 198.…
1Opinion of the Court
IN DIVISION ONE.
WOODSON, J.
The plaintiff is the widow of William C. Weigman, who was killed by one of defendant’s passenger trains, through the alleged negligence of its employees, while he was crossing -the track upon a public crossing in the city of DeSoto, Missouri. She brought this suit against defendant to recover the sum of $5,000 for his said negligent killing. A trial was had, and after the introduction of all the testimony offered by both parties, at request of the defendant, the court gave a peremptory instruction, telling the jury to find for it. In obedience to that instruction,…
2Cases cited21 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dudley v. Wabash RailroadMissouri Court of Appeals · 1912
- Osborn v. Wabash RailroadMissouri Court of Appeals · 1914
- Alexander v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1921
- Dobson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928
- Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.