Connelly v. Cone
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon, Sterling H. McCarty, Judge. (1) Contributory negligence is an affirmative defense and tbe burden of proof is on tbe defendant.' Edington v. Ry. Co., 204 Mo. 69; Yon Trebra v. Light Co., 209 Mo. 662; Cool v. Patterson, 189 Mo. App. 717, 727; Petty v. Ry. Co., 88 Mo. 306; Hudson v. Ry.
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Appeal from Circuit Court of Pemiscot County. — Hon, Sterling H. McCarty, Judge. (1) Contributory negligence is an affirmative defense and tbe burden of proof is on tbe defendant.' Edington v. Ry. Co., 204 Mo. 69; Yon Trebra v. Light Co., 209 Mo. 662; Cool v. Patterson, 189 Mo. App. 717, 727; Petty v. Ry. Co., 88 Mo. 306; Hudson v. Ry. Co., 101 Mo. 13; Young v. Iron Co., 103 Mo. 324. (2) Instruction No. 4 given for the defendants contradicts Instruction No. 8 given for the plaintiff: as to the burden of proof of contributory negligence and is therefore error and reversible error. Shepard v.…
1Opinion of the CourtFarrington, J.
This is a suit brought by the plaintiff against three physicians, alleging that he was ' injured by being thrown out of a buggy causing his leg to be fractured, and charging that defendants negligently and unskillfully conducted themselves in and about setting and treating the fracture and in attempting to set and reduce the broken and fractured bones to their proper positions and place and to attend, to cure and heal the same, and that by reason of their negligence and unskillfulness plaintiff’s leg has never been healed and that he has entirely lost the use of same, and that through said…
2Cited by6 opinions
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- Seewald v. GentryMissouri Court of Appeals · 1926
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