Brown v. Consolidated, Light, Power & Ice Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court — No». Howard Gray, Judge. (1) The court erred in giving in charge to the jury-plaintiff’s instruction numbered 1. (2) The instruction is a departure from the petition, in that the petition, alleges one act of negligence, while the instruction permits recovery under a totally different charge of negligence. .Haines v. Pearson, 100 Mo. App. 555; McLeland v. St. Louis Transit Co., 105 Mo. App. 473; Herbert v. Mound City Boot & Shoe Co., 90 Mo.
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Appeal from Jasper Circuit Court — No». Howard Gray, Judge. (1) The court erred in giving in charge to the jury-plaintiff’s instruction numbered 1. (2) The instruction is a departure from the petition, in that the petition, alleges one act of negligence, while the instruction permits recovery under a totally different charge of negligence. .Haines v. Pearson, 100 Mo. App. 555; McLeland v. St. Louis Transit Co., 105 Mo. App. 473; Herbert v. Mound City Boot & Shoe Co., 90 Mo. App. 305. (3) The instruction is inconsistent with and in conflict with instruction numbered 3, given on the part of the…
1Opinion of the CourtJohnson, J.
— Plaintiff, the widow of Bertie Edgar Brown, deceased, alleges that her husband’s death occurred while he was walking on the sidewalk on a public street in Webb City and was the result of contact with a fallen telephone wire which the negligence of defendant had caused to become charged with a deadly current of electricity and to remain where it had fallen to the street to menace the safety of pedestrians. Verdict and judgment were for plaintiff in the sum of four thousand dollars, and the cause is here on the appeal of defendant.
At about 5:15 o’clock in the morning of September 3,1906, Mr.…
2Cases cited2 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905
3Cited by6 opinions
- Pulsifer v. City of AlbanyMissouri Court of Appeals · 1931
- Hayden v. CareyWisconsin Supreme Court · 1924
- Short v. Central Louisiana Electric Co.Louisiana Court of Appeal · 1948
- Booker v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Wilhite v. City of HuntsvilleMissouri Court of Appeals · 1912
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