Peffer v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit'Court. — How. W. B. Teas- ■ dale, Judge. The court should have sustained defendant’s demurrer to the evidence. Upon reason as well as authority a verdict which, under the evidence in the case, must necessarily have been based upon mere guesswork or conjecture upon the part of the jury, should not be permitted to stand. Moore v. Railroad, 28 Mo. App. 622; Railroad v. Shertle, 97 Pa. St. 450; Peck v. Railroad, 31 Mo.
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Appeal from Jackson Circuit'Court. — How. W. B. Teas- ■ dale, Judge. The court should have sustained defendant’s demurrer to the evidence. Upon reason as well as authority a verdict which, under the evidence in the case, must necessarily have been based upon mere guesswork or conjecture upon the part of the jury, should not be permitted to stand. Moore v. Railroad, 28 Mo. App. 622; Railroad v. Shertle, 97 Pa. St. 450; Peck v. Railroad, 31 Mo. App. 123. (1) In passing on a demurrer to the evidence, not •only the evidence itself, but every reasonable inference to be drawn therefrom, should be…
1Opinion of the CourtEllison, J.
This is an action for damages to plaintiff’s fruit trees and berry bushes which were burned by a fire which plaintiff claims was set out by defendant’s engines. There were two counts in the petition covering two separate fires. On the first plaintiff was allowed one hundred and fifty dollars, and on. the second, five dollars.
The sole point presented is that there was not sufficient evidence that defendant’s engines caused the fire, upon which to base the verdict. We have gone over the evidence- and have concluded that there was not sufficient of substance in it from which the jury could…
2Cases cited2 opinions
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Torpey v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
3Cited by7 opinions
- Phelps v. City of Winston-SalemSupreme Court of North Carolina · 1967
- Waddell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Fields v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Funk v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1907
- Riggins v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1921
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