Johnson v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Eon. Arch A. Johnson, Judge. (1) An instruction which, by its terms and plain meaning covers the whole case and, on the facts therein stated, peremptorily directs a verdict for plaintiff,, must cover every phase of the case and must include the defenses interposed. Stewart v. Andes, 110 Mo. App. 243; Scanlan v. Gulick, 199 Mo. 449; Austin v. Transit Co., 115 Mo. App. 146; Johnson v. Railroad, 117 Mo.
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Appeal from Greene County Circuit Court.—Eon. Arch A. Johnson, Judge. (1) An instruction which, by its terms and plain meaning covers the whole case and, on the facts therein stated, peremptorily directs a verdict for plaintiff,, must cover every phase of the case and must include the defenses interposed. Stewart v. Andes, 110 Mo. App. 243; Scanlan v. Gulick, 199 Mo. 449; Austin v. Transit Co., 115 Mo. App. 146; Johnson v. Railroad, 117 Mo. App. 308; Rudd v. Fire Co., 120 Mo. App. 1; Abbott v. Mining Co., 112 Mo. App. 550; Grier v. Strother, 111 Mo. App. 386; Flaherty v. Transit Co., 207 Mo.…
1Opinion of the Court
*183OPINION.
STURGIS, J.
The defendant asked a demurrer to the evidence but the above statement of the salient facts of the case will leave no doubt that the trial court correctly overruled the same.
The principal errors assigned here relate to the giving and refusal of instructions. The court gave five instructions for plaintiff, one of which defining ordinary care and negligence is not criticised, and gave eight instructions for defendant, as asked, and one other slighly modified; enough, we think, to abundantly and redundantly present all the. issues in the case. Nevertheless, defendant complains…
Also in this document: Concurrence.
2Cases cited38 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
33 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Francis v. Terminal Railroad Assn.Supreme Court of Missouri · 1946
- Dauber v. JosephsonMissouri Court of Appeals · 1922
8 more not listed; retrieve them via the Exa API.