Kame v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. David H. Blair, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the. evidence as requested by defendant at the close of plaintiff’s case, and as requested by defendant at the conclusion of all of the evidence in the case, (a) Because plaintiff was guilty of contributory negligence as a matter of law in attempting to pass between the cars at the time and place, and in the manner he did.
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Appeal from Jasper Circuit Court. — Hon. David H. Blair, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the. evidence as requested by defendant at the close of plaintiff’s case, and as requested by defendant at the conclusion of all of the evidence in the case, (a) Because plaintiff was guilty of contributory negligence as a matter of law in attempting to pass between the cars at the time and place, and in the manner he did. Hudson v. Railroad, 101 Mo. 13; Corcoran v. Railroad, 105 Mo. 399; Bean v. Employers Liability Co., 50 Mo. App. 459;…
1Opinion of the CourtLamm, J.
Robert Kame, a minor, sues by prochein ami in the Jasper Circuit Court counting on negligence. He recovers $10,000 damages, and defendant appeals. Below, in its motion for a new trial, defendant complained of an excessive verdict; but the grave and permanent injuries to the boy, clouding his hopes and disabling him, from the innocent gaiety of youth as well as the sober duties of mature-life, are of such sort that it is to the credit of defendant’s counsel that they assign no error on that score; hence, that element drops out of the case above.
Error is assigned on instructions alone, and…
2Cases cited2 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- San Antonio & Aransas Pass Railway Co. v. GreenCourt of Appeals of Texas · 1898
3Cited by12 opinions
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Baker v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1931
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
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