137 Mo. App. 624 | Mo. Ct. App. | 1909
(after stating the facts). — The facts in the case are so fully set out in the report of it in the 126 Fed., as those facts were developed at the trial in the United States Circuit Court, that it is not considered necessary io set them out here, it being sufficient to say that the evidence seems to have been practically the same at the trial in our- State circuit court as when the case was tried in the United States Circuit Court.
Our Supreme Court, in Henderson v. Kansas City, 177 Mo. 477, held that the trial court did not err in submitting to the jury whether or not the fact that the machinery was not guarded with rails, as required by statute, contributed to plaintiff’s injury. That issue was submitted in this case.
We think the first instruction given, which we have set out substantially as given, was correct and covered the whole case. There was no error in the instructions as to the measure of damages or as to what was meant by the weight of testimony, and the instructions as to the number of jurors-required to concur in a verdict was passed on by the Supreme Court in this very case. The three instructions asked by the appellant were properly refused — their error lies in singling out particular facts,
We find no reversible error in the case and the judgment is affirmed.