Kane v. Falk Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, . Judge. (1) Plaintiff contends that when tbe trial court set-aside the verdict of the jury, because “the evidence adduced in the case did not support the verdict,” the court in effect said: “A demurrer to the evidence should have been sustained.” In that event it is the proper practice for this court to pas* upon the propriety of said ruling. Eránk Lee v. Kansas City Gas Company, 91 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, . Judge. (1) Plaintiff contends that when tbe trial court set-aside the verdict of the jury, because “the evidence adduced in the case did not support the verdict,” the court in effect said: “A demurrer to the evidence should have been sustained.” In that event it is the proper practice for this court to pas* upon the propriety of said ruling. Eránk Lee v. Kansas City Gas Company, 91 Mo. App. 612. (2) The proper, ordinary and customary method of moving rails similar to the one in question, was with men and tongs, and not with a…
1Opinion of the CourtBroaddhs, J.
— The plaintiff’s cause of action as alleged is substantially as follows: On April 15, 1900, he was working as a common laborer for the defendant corporation, which at that time was engaged in constructing a part of the Metropolitan Street Railway in Kansas City, Missouri, near the corner of Eighth and Wyandotte streets in said city; that while so engaged as a common laborer for the defendant, with ■other laborers, and while in the act of assisting other employees of the defendant in moving and placing a large and heavy ■steel or iron rail, his right foot, ankle and leg, were injured by…
2Cases cited5 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Flynn v. City of NeoshoSupreme Court of Missouri · 1893
3Cited by8 opinions
- Brunke v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
- Cunningham v. Journal Co.Missouri Court of Appeals · 1902
- Reed v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1902
- Beckman v. Anheuser-Busch Brewing Ass'nMissouri Court of Appeals · 1903
- Blankenship v. A. M. Hughes Paint & Glass Co.Missouri Court of Appeals · 1911
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