State Ex Rel. Illinois Terminal Railroad v. Hughes

This is an original proceeding in certiorari to review the record in the case of Ashby v. Illinois Terminal Railroad Co., decided by respondents, Judges of the St. Louis Court of Appeals, and reported in 132 S. W. (2d) 1076. The plaintiff recovered a judgment for personal injuries against relator in the sum of $7500, which judgment was reversed and remanded for a new trial on account of an erroneous instruction. It is the relator’s contention that the judgment should have been reversed outright.

The essential facts as found by respondents are as follows:

“The defendant maintains parallel tracks…