Hawver v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — If on. James T. Neville, Judge. (1) The court abused a sound discretion in the light of the evidence and the instructions given in setting aside the verdict. The evidence clearly'precludes recovery by plaintiff under the law. An analysis will fail to show any great conflict in evidence, but even if ■there be such conflict, substantial evidence sustains the verdict. There is nothing to indicate mistake or passion in the verdict.
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Appeal from Greene Circuit Court. — If on. James T. Neville, Judge. (1) The court abused a sound discretion in the light of the evidence and the instructions given in setting aside the verdict. The evidence clearly'precludes recovery by plaintiff under the law. An analysis will fail to show any great conflict in evidence, but even if ■there be such conflict, substantial evidence sustains the verdict. There is nothing to indicate mistake or passion in the verdict. Lomax v. Electric Co., 119 Mo. App. 200; Richardson, Curator v. Eire Brick Co., 122 Mo. App. 529; Pritchard v. Hewitt, 91 Mo. 547;…
1Opinion of the CourtNixon, P. J.
This case is here on an appeal by defendant from an order of the circuit court of Greene county granting plaintiff a new trial on the ground that the verdict of the jury in favor of defendant was against the weight of the evidence.
The petition charges that plaintiff while operating his automobile on South street in the city of Springfield, Missouri, and Avhile attempting to get from South street into Pickwick street (or alley), stopped his machine on the east side of South side with the rear Avheels across the track of the defendant’s street railroad to permit-certain vehicles to pass out of…
2Cases cited1 opinion
- Dent v. Springfield Traction Co.Missouri Court of Appeals · 1910
3Cited by3 opinions
- Hopkins v. City of SpringfieldMissouri Court of Appeals · 1912
- Fair v. PrestonMissouri Court of Appeals · 1911
- Van Hoose v. Southwestern Machinery Co.Missouri Court of Appeals · 1913