Candee v. Kansas City & Independence Rapid Transit Railway
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) "Where a party “failed to object to the court’s instructions at the time they were given, he can not afterward be heard to complain.” Lefkow v. Allred, 54 Mo. App. 141. (2) “There was no exceptions saved to the giving of any instructions, and they need not be considered for that reason.”
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) "Where a party “failed to object to the court’s instructions at the time they were given, he can not afterward be heard to complain.” Lefkow v. Allred, 54 Mo. App. 141. (2) “There was no exceptions saved to the giving of any instructions, and they need not be considered for that reason.” State v. JElvins, 101 Mo. 243. (3) “It is not allowed to a defendant to raise any objections to instructions, unless sucb party shows by the record that exceptions were taken at the time the instructions were given.” Baker v. Railroad, 26 S.…
1Opinion of the CourtG-antt, P. J.
The defendant is a railway corporation and operated a railroad between Kansas City and Independence at the time of the injuries complained of in plaintiff’s petition.
Plaintiff alleged that in June, 1889, while he was walking on defendant’s track, it carelessly, negligently *144and ■wrongfully ran its engine and cars into and upon him and negligently failed to stop its said engine and train after discovering plaintiff in a situation of danger in time to have avoided injuring him, which could have been done by the exercise of ordinary care, and negligently failed to ring any bell or sound any…
2Cases cited4 opinions
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Purl v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Maloy v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Tyler v. Sites' Adm'rSupreme Court of Virginia · 1891
3Cited by15 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Clark v. Quality Dairy CompanySupreme Court of Missouri · 1966
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
- Stoner v. RoyarSupreme Court of Missouri · 1906
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