Fullerton v. Fordyce
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. H. C. O’Bryan, Special Judge. (1) The court erred in giving its first and third instructions to the jury, which were given on its motion. These instructions assume, as a matter of law, and affirmatively assert that the hole was unsafe and dangerous, and its existence was negligence, instead of submitting the question for the determination of the jury as an issue of fact.
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Appeal from Scott Circuit Court. — Hon. H. C. O’Bryan, Special Judge. (1) The court erred in giving its first and third instructions to the jury, which were given on its motion. These instructions assume, as a matter of law, and affirmatively assert that the hole was unsafe and dangerous, and its existence was negligence, instead of submitting the question for the determination of the jury as an issue of fact. Whether the hole was unsafe or dangerous, and whether there was negligence in not repairing it was a question of fact for the jury to determine. The defendants were entitled to have the…
1Opinion of the CourtMacfarlane, J.
This is an action to recover damages on account of personal injuries received by plaintiff through falling into a hole in the platform of defendant at its station at New Madrid, Missouri. The ground of the action is negligence in not maintaining the platform in a reasonably safe condition, by reason of which, on leaving a train at said station, upon which he was a passenger, plaintiff fell into a hole and was injured. The answer was in substance a general denial and a plea of contributory negligence. The evidence tended to prove the negligence charged and the injuries sustained thereby. The…
2Cases cited2 opinions
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- James v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
3Cited by22 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Pacific Coast Casualty Co. v. PillsburyCalifornia Supreme Court · 1915
- Gross v. WattsSupreme Court of Missouri · 1907
- Hahn v. HammersteinSupreme Court of Missouri · 1917
- Viou v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1906
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