Fowler v. Santa Fe Elevator Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. Under the evidence in this case the verdict was the result of conjecture. Such a verdict should not be upheld. Sheldon v. Railroad'Co., 29 Barb. 226; Byerly v. Consolidated, etc., Co., 130 Mo. App. 593, 603; Oglesbay v. Railway Co., 177 Mo. 272; Moore v. Railway, 28 Mo. App. 622; Smart v. Kansas City, 91 Mo. App. 586; Cothron v. Packing Co., 98 Mo. App. 343; Browning v. Chicago, etc., Co., 106 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. Under the evidence in this case the verdict was the result of conjecture. Such a verdict should not be upheld. Sheldon v. Railroad'Co., 29 Barb. 226; Byerly v. Consolidated, etc., Co., 130 Mo. App. 593, 603; Oglesbay v. Railway Co., 177 Mo. 272; Moore v. Railway, 28 Mo. App. 622; Smart v. Kansas City, 91 Mo. App. 586; Cothron v. Packing Co., 98 Mo. App. 343; Browning v. Chicago, etc., Co., 106 Mo. App. 729; Young v. Railway, 113 Mo. App. 636; Caudle v. Kirkbride, 117 Mo. App. 412; Demaet v. Storage Co., 121 Mo. App. 92;…
1Opinion of the CourtEllison, J.
Plaintiff’s husband was killed, in the State of Kansas, while engaged in the service of defendant Elevator Company in its elevator in that State. She charged his death to defendant’s negligence and brought this action to recover damages. She had judgment in the trial court for six thousand dollars. Originally there were joined with this defendant, the Santa Fe Grain Company and the Atchison, Topeka & Santa Fe Railroad Company, but the action was dismissed as to them.
No one saw how deceased was killed but his death occurred on the second floor of the elevator. On this floor there was a large…
2Cases cited4 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Trigg v. Ozark Land & Lumber Co.Supreme Court of Missouri · 1905
3Cited by5 opinions
- Grindstaff v. J. Goldberg & Sons Structural Steel Co.Supreme Court of Missouri · 1931
- Lappin v. PrebeSupreme Court of Missouri · 1939
- Storthz v. Midland Hills Land Co.Supreme Court of Arkansas · 1936
- Rogers v. Hammond Packing Co.Missouri Court of Appeals · 1912
- Kerns v. DykesMissouri Court of Appeals · 1932