Bertram v. Peoples Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Courts — Hon. Jacob ■ Klein, Judge. (1) Instruction numbered 1, given for plaintiff, was erroneous, because: (a) It assumed that plaintiff was an old man. Stone v. Hunt, 94 Mo. 475. (b) It commented on the fact of plaintiff’s age, and unduly directed the attention of the jury to that fact by singling it out. Chouquette v. Barada, 28 Mo. 491; Miller v. Marks, 20 Mo. App. 369; Hopp'er v. Yance, 27 Mo-. App. 336; Doud v. Reid, 53 Mo.
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Appeal from St. Louis City Circuit Courts — Hon. Jacob ■ Klein, Judge. (1) Instruction numbered 1, given for plaintiff, was erroneous, because: (a) It assumed that plaintiff was an old man. Stone v. Hunt, 94 Mo. 475. (b) It commented on the fact of plaintiff’s age, and unduly directed the attention of the jury to that fact by singling it out. Chouquette v. Barada, 28 Mo. 491; Miller v. Marks, 20 Mo. App. 369; Hopp'er v. Yance, 27 Mo-. App. 336; Doud v. Reid, 53 Mo. App. 553; Railroad v. St. L. Union Stock Yds. Co., 120 Mo. 541; Wright v. Richmond, 21 Mo. App. 76; Blair v. Railroad, 31 Mo.…
1DissentMaeshall, J.
(Dissenting.) — I dissent from the majority opinion in this case for the following reasons:
I
The refusal of the court to sustain the demurrer to the evidence is the first question presented by this record.
The petition is bottomed upon the averment that the train was slowed up, coming nearly to a stop when “upon the invitation of defendant’s agents and servants in charge of said train,” the plaintiff stepped upon the running board of the grip car, and before he had time to take a seat the car was started with a violent lurch, so that it threw plaintiff’s body-outwards and brought it into…
2Cases cited20 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Lewis v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1873
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
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