Hurck v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from .St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There was no error in giving defendant’s instruction 6. G-illespie v. Railroad, 6 Mo. App. 558 • Reeves v. Railroad, 77 U. S. 190; Livesay v. Railroad, 64 Pa. St. 106; Jones v. Railroad, 91 Minn. .329; Willis v. Power Co., Ill Mo. App. 580; Coleman v. Railroad, 36 Mo.
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Appeal from .St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There was no error in giving defendant’s instruction 6. G-illespie v. Railroad, 6 Mo. App. 558 • Reeves v. Railroad, 77 U. S. 190; Livesay v. Railroad, 64 Pa. St. 106; Jones v. Railroad, 91 Minn. .329; Willis v. Power Co., Ill Mo. App. 580; Coleman v. Railroad, 36 Mo. App. 493. (2) Where the verdict of a jury is clearly for the right party, it should he upheld even if there should be error in the giving of instructions. Fritz v. Railroad, 243 Mo. 69.; State v. Vickers, 209' Mo. 34; Trainer v. Mining Co., 243 Mo.…
1Opinion of the Court
WILLIAMS, C.
This is an action to recover damages for personal injuries which plaintiff claims to have received while a passenger on one *42of defendant’s trains in the State of Kansas. Trial' was bad in the circuit court of tbe city of St. Louis,, resulting in a verdict and judgment for defendant. The trial court sustained plaintiff’s motion for a new trial on the ground that instruction 6., given at defendant’s request, was erroneous, and defendant duly perfected its appeal to this court,
That portion of plaintiff’s petition which charges negligence on the part of defendant is as follows:
“Plainti…
2Cases cited10 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Downs v. HortonSupreme Court of Missouri · 1921
- Whitaker v. PitcairnSupreme Court of Missouri · 1943
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- State Ex Rel. St. Louis-San Francisco Railway Co. v. DauesSupreme Court of Missouri · 1927
6 more not listed; retrieve them via the Exa API.