Lesser v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrooh R. Fliicraft, Judge. (1) The plaintiff’s first instruction is erroneous because it contradicts' and nullifies instructions given for the defendant. The giving of conflicting instructions is error; Frank v. Bailway, 57 Mo. App. 181; Buel v. Transfer Co., 45 Mo. App. 562; Eedpath v. Lawrence, 42 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrooh R. Fliicraft, Judge. (1) The plaintiff’s first instruction is erroneous because it contradicts' and nullifies instructions given for the defendant. The giving of conflicting instructions is error; Frank v. Bailway, 57 Mo. App. 181; Buel v. Transfer Co., 45 Mo. App. 562; Eedpath v. Lawrence, 42 Mo. App. 101; Hickman v. Griffin, 6 Mo. 37. (2) The plaintiff’s first instruction is erroneous because it submitted to the jury as an issue, of fact the whole defense on which defendant relied, and authorized the jury to ignore the rules…
1Opinion of the CourtBland, P. J.
— The appeal is from a judgment rendered upon the following verdict, to wit: “We, the jury, find for the plaintiff, and assess the plaintiff’s actual damages in the sum of $1/000, and we do not find plaintiff entitled to punitive damages.” The errors relied upon by appellant are the admission by the court of improper evidence on the part of respondent, and the giving of erroneous instructions, and the refusal of proper and correct instructions.
The injury complained of was sustained on July 6, 1899, where the appellant’s street car line turns on a loop *329opposite the Suburban Garden in St. Louis…
2Cases cited8 opinions
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Mason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1893
- Carroll v. CampbellSupreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Yates v. ManchesterSupreme Court of Missouri · 1949
- Annin v. JacksonSupreme Court of Missouri · 1937
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.