Nephler v. Woodward
Supreme Court of Missouri
Appeal from Lafayette Circuit Court .- — Hon. Samuel Davis, Judge. (1) Instruction 1 requested by respondent and given by the court purported to state the facts in a general way and directs the jury that respondent may recover if using ordinary care, without defining the same, and is therefore erroneous. Sanitary Dairy Co. v. Railroad, 98 Mo.
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Appeal from Lafayette Circuit Court .- — Hon. Samuel Davis, Judge. (1) Instruction 1 requested by respondent and given by the court purported to state the facts in a general way and directs the jury that respondent may recover if using ordinary care, without defining the same, and is therefore erroneous. Sanitary Dairy Co. v. Railroad, 98 Mo. App. 20. (2) The same instruction is also bad as it does not refer to, but on the contrary absolutely ignores, the affirmative defense of contributory negligence of the respondent pleaded by appellants. Evans v. Railroad, 16 Mo. App. 522; Fitzgerald v.…
1Opinion of the CourtValliant, J.
Plaintiff alleges that defendants were proprietors of a theater in Kansas City; that plaintiff with a party of friends attended a theatrical performance at defendants’ theater on the afternoon, of April 15, 1899; that as she was passing down one of the aisles to the seat that she was to occupy, her foot was caught in a hole in the earpet, in consequence of which she fell, striking her left side ag’ainst one of the theater chairs, and received severe injuries to her person.
The petition alleges that the theater was dimly and not sufficiently lighted and that the hole in the carpet and the…
2Cases cited2 opinions
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Sanitary Dairy Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3Cited by42 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Ilgenfritz v. Missouri Power & Light Co.Supreme Court of Missouri · 1937
- Hughes v. St. Louis National League Baseball Club, Inc.Supreme Court of Missouri · 1949
- Main v. LehmanSupreme Court of Missouri · 1922
- Paubel v. HitzSupreme Court of Missouri · 1936
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