...Co., Ill Mo. 152, 19 SW 820, to the effect that it was not Incumbent upon plaintiff in the first place to prove that the deceased was in the exercise of ordinary care and prudence, and Mallory v. Insurance Co., 47 NT 52. and Lancaster v. Insurance Co., 02 Mo. 121, to...

...prejudiced by its refusal. By the fourth instruction the jury were told that, if the plaintiff had failed to prove that the deceased was in the exercise of ordinary care and prudence for his own safety, she could not recover. The legal effect of a want of ordinary care...

...defendant WALKER, J. [1,2] The defendant contends that there was no evidence to justify the finding that the deceased was In the exercise of ordinary care at the time of the fatal accident. That there was evidence of the defendant's negligence proximately contributing to the...

...— Whenever the plaintiff's evidence is insufficient to establish the fact that he or his intestate was in the exercise of ordinary care at the time of the accident, the Court as a matter of law will rule upon it without submitting it to the jury. If the undisputed facts...

...Jordan, for defendants. BLODGETT, J. 1. The jury must have found by this verdict that the plaintiff was in the exercise of ordinary care at the time of the accident ; and the reported facts disclose nothing sufficient to enable the court to say, as matter of law,...

...violated no duty owed to him, though the jury had found, by special verdict, that the defendant was not in the exercise of ordinary care at the time of the accident [2] The statute regulating automobiles and motor vehicles was enacted in 1904 (No. 86, Acts of 1904),...

...establish his right of action by showing that his injury arose from the neglect of the defendant, if he was in the exercise of ordinary care at the time of the casualty, notwithstanding he was upon that part of the roadbed which was not a public crossing, and...

...moving across Baldwin street at a high rate of speed. I have given above substantially all the testimony tending to prove that the deceased was in the exercise of ordinary care. It shows conclusively, and without contradiction, (1) that the deceased was a man possessed of the...

...plaintiff or defendant.* In some jurisdictions it is held, that, as the plaintiff cannot recover unless he was in the exercise of ordinary care at the time of the injury, he must both allege and prove that the injury occurred without negligence on his part;3 and...

...relation of carrier and passenger existed between the defendant and plaintiff, and that the latter was in the exercise of ordinary care at the time of the injury. It seldom happens that so much fiction underlies so brief an C., B. & QBR Co. v. Flint. instruction....