Frisby v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. At the trial below appellants did not prove that the car doing the mischief to the plaintiffs’ son was operated by this respondent. Appellate courts from •time to time have held that very slight evidence as to ownership' is all that is necessary, but under the most liberal construction of appellate practice there must be some evidence, be it ever so vague and slight.
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Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. At the trial below appellants did not prove that the car doing the mischief to the plaintiffs’ son was operated by this respondent. Appellate courts from •time to time have held that very slight evidence as to ownership' is all that is necessary, but under the most liberal construction of appellate practice there must be some evidence, be it ever so vague and slight. The principle that insufficient evidence as to ownership, when unchallenged at the trial, will not be scrutinized too closely on appeal, has been recognized in the…
1Opinion of the CourtWoodson, J.
This suit originated in the circuit court of the city of St. Louis, and upon a change of venue the cause was sent to the circuit court of Audrain county. The suit was instituted by plaintiffs to recover of defendant the sum of $5,000 damages sustained by them for the alleged negligence in killing their minor son on the 29th day of September, 1903. There was a trial had before the court and jury, and at the close of plaintiffs’ evidence defendant asked and the court gave an instruction in the nature of a demurrer to the evidence. Thereupon plaintiffs took a nonsuit with leave to move to set…
2Cases cited6 opinions
- Walsh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Johnson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1904
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- El Paso Electric Ry. Co. v. TerrazasCourt of Appeals of Texas · 1919
- Reisenleiter v. United Railways Co.Missouri Court of Appeals · 1911
- Agnew v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Smith v. St. Louis, I. M. & S. R.Court of Appeals for the Sixth Circuit · 1914
3 more not listed; retrieve them via the Exa API.