Sloop v. Wabash Railroad
Missouri Court of Appeals
Appeal from Sebuyler Circuit Court. — Son. N. M. Shelton, Judge. (1) The only question before this court is: Did the trial court err in giving defendant’s instruction in nature of a demurrer to plaintiff’s evidence ? The rule is thus: Where there is any evidence, however slight it may be, and whether it be direct or inferential, its weight and sufficiency must be determined by a jury. Twohey v. Bruin 96 Mo. 104; Keown v. Railroad, 141 Mo. 86; George v. Railroad, 40 Mo.
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Appeal from Sebuyler Circuit Court. — Son. N. M. Shelton, Judge. (1) The only question before this court is: Did the trial court err in giving defendant’s instruction in nature of a demurrer to plaintiff’s evidence ? The rule is thus: Where there is any evidence, however slight it may be, and whether it be direct or inferential, its weight and sufficiency must be determined by a jury. Twohey v. Bruin 96 Mo. 104; Keown v. Railroad, 141 Mo. 86; George v. Railroad, 40 Mo. App. 433; Taylor v. Short, 38 Mo. App. 21; MeQuillins Pleading and Practice, sec. 796; Thompson on Trials, see. 2246, and…
1Opinion of the CourtSmith, P. J.
It was alleged in the petition that on October 10, 1900, the plaintiff delivered to the defendant fifty-two head of fat cattle which the latter agreed, for and in consideration of certain charges, to safely and quickly carry from Queen City, in this State, to Chicago, in the State of Illinois, within a reasonable time after the delivery thereof. It was therein further alleged that had said cattle been carried to the point of destination within a reasonable time they would have reached there in time to be sold on the morning market of the next day — October 11 — but that defendant so…
2Cases cited6 opinions
- Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Perry v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Gilbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Ross v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.