Bowman v. American Car & Foundry Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The instruction which the court gave in behalf of the defendant, marked D4, and on account of the giving of which the court granted the plaintiff a new trial, assigning its action in giving said instruction as error, was a perfectly correct instruction, and, therefore, no new trial should have been granted on account of giving same.
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Appeal from St. Charles Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The instruction which the court gave in behalf of the defendant, marked D4, and on account of the giving of which the court granted the plaintiff a new trial, assigning its action in giving said instruction as error, was a perfectly correct instruction, and, therefore, no new trial should have been granted on account of giving same. (2) The demurrer to the evidence should have been sustained, because plaintiff failed to prove that he was injured by the negligence of defendants or any of them. This being true, no new…
1Opinion of the CourtValliant, J.
Respondent, plaintiff, while working on the premises of the American Car and Foundry Company, was injured in his person by. the fall*56ing on him of a pile of pig iron; he brought this suit praying judgment for $10,000 damages, alleging that his injuries were the result of the joint and concurrent negligence of the three defendants. At the conclusion of the plaintiff’s evidence the court, at the request of the defendant Lawler, gave an instruction that, as to him, the plaintiff was not entitled to recover, but refused a similar instruction asked by each of the other two defendants, and their…
2Cited by8 opinions
- Hart v. Emery-Bird-Thayer Dry Goods Co.Missouri Court of Appeals · 1938
- Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
- State ex rel. Burcham v. Drainage District No. 25Missouri Court of Appeals · 1955
- Sutherland v. Garetson-Greason Lumber Co.Missouri Court of Appeals · 1910
- David v. Clarksville Cider Co.Missouri Court of Appeals · 1914
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