Cornett v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) Instruction No. 1 is erroneous and prejudicial to appellant in that it assumes, that appellant was guilty of negligence, and is therefore reversible error. Stone v. Hunt, 94 Mo. 475; Dodd v. Gusefi, 100 Mo. App. 311; Dulaney v. Refining Co., 42 Mo. App. 659..
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Appeal from Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) Instruction No. 1 is erroneous and prejudicial to appellant in that it assumes, that appellant was guilty of negligence, and is therefore reversible error. Stone v. Hunt, 94 Mo. 475; Dodd v. Gusefi, 100 Mo. App. 311; Dulaney v. Refining Co., 42 Mo. App. 659.. (2) The instruction is further erroneous and reversible error because it did not in any way inform the jury what act of the appellant would constitute negligence, if any, but left them to determine the law and wonder and speculate in their minds irrespective of any…
1Opinion of the CourtReynolds, P. J.
Appellant operates a line of railroad running from Kansas City east through the Missouri towns of Armstrong, Mexico, Francis and Rush Hill in the order named. On the 14th of January, 1909, respondent delivered to appellant at Armstrong, twenty-five head of mules, of which he was owner. Appellant received them for transportation to Rush Hill. The mules were loaded and taken from Armstrong by a local freight train at about 1:30 p.- m. of the date named and arrived at Mexico at about 4:30 p. m. that day. They were accompanied by a stockman in the employ of respondent. Upon the arrival of the…
2Cases cited4 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Dalton v. RedemeyerMissouri Court of Appeals · 1910
3Cited by2 opinions
- Raybourn v. PhillipsMissouri Court of Appeals · 1911
- Dunnagan v. BriggsMissouri Court of Appeals · 1913