Jegglin v. Roeder
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Dorsey W. Shackleford, Judge. (1) The law requiring that in every order granting a new trial, the ground upon which the new trial is granted shall be specified of record, and the trial court having specified only one it must be presumed' that no other ground was found in the motion for sustaining the application for a new trial.
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Appeal from the Boone Circuit Court. — Hon. Dorsey W. Shackleford, Judge. (1) The law requiring that in every order granting a new trial, the ground upon which the new trial is granted shall be specified of record, and the trial court having specified only one it must be presumed' that no other ground was found in the motion for sustaining the application for a new trial. Bradley v. Reppell, 133 Mo. 545. The court, however, in this case expressly declared in its order that the verdict was_ not against the weight of the evidence. (2) The instruction, for which the verdict was set aside,…
1Opinion of the CourtGill, J.
statement. Plaintiff appeals from an order of tbe trial court sustaining defendant’s motion for new trial. Tbe action is for personal injuries received by plaintiff in falling through an iron grating placed by defendant in tbe sidewalk in front of a business bouse occupied and controlled by tbe defendant. The negligence complained of is tbat the grate, constructed and maintained by defendant for a long time prior to the accident, had become broken and insecure; tbat defendant had negligently failed to repair it; and tbat plaintiff, while passing along the walk with some companions on tbe…
2Cases cited7 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gordon v. PeltzerMissouri Court of Appeals · 1894
- City of LaSalle v. PorterfieldIllinois Supreme Court · 1891
- Hickman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Butts v. National Exchange BankMissouri Court of Appeals · 1903
- Cohn & Greenman v. National InsuranceMissouri Court of Appeals · 1902
- Buckley v. Kansas CityMissouri Court of Appeals · 1902
- Mitchell v. AusplundOregon Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.