Bryan v. United States Incandescent Lamp Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Mon. Charles Claflin Allen, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, because: (a) It instructs the jury that the conditions which that instruction tells the jury required a verdict did exist “as facts” and thus took all the material issues from the jury.
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Appeal from St. Louis City Circuit Court.—Mon. Charles Claflin Allen, Judge. (1) Plaintiff’s instruction No. 1 is erroneous, because: (a) It instructs the jury that the conditions which that instruction tells the jury required a verdict did exist “as facts” and thus took all the material issues from the jury. J ames v. Railroad, 107 Mo. 48,4. (b) It was confused and misleading and did not submit to the jury the question of whether there was any gasoline vapor in the room, or an unprotected gas flame, or whether, if either was there, its presence constituted negligence on the part of the…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Respondent’s counsel have prepared, and we copy from their brief, a full, clear' and concise statement of the facts touching the controversy. The statement so referred to is as follows:
“In this case the respondent sues for personal injuries sustained by him by being burned on November 25, 1910, in defendant’s factory on Jefferson avenue *720near Walnut street in St. Louis, in which appellant manufactured…
2Cases cited3 opinions
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- James v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
3Cited by3 opinions
- Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1923
- Train v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1923
- Budde v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1916