Lloyd v. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from, Iron Circuit Court. (1) The court below should have sustained defendant’s demurrers to the evidence. Where the evidence, juridically considered, does not support the verdict which was rendered thereon, the appellate court will reverse a judgment rendered upon it. The evidence must not only be substantial, but credible.
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Appeal from, Iron Circuit Court. (1) The court below should have sustained defendant’s demurrers to the evidence. Where the evidence, juridically considered, does not support the verdict which was rendered thereon, the appellate court will reverse a judgment rendered upon it. The evidence must not only be substantial, but credible. When it can be seen that the preponderance of the evidence against the verdict is so great as to imply gross partiality or prejudice on the part of the jury, a demurrer ought to be sustained. Powell v. Railroad, 76 Mo. 84; Lenix v. Railroad, 76 Mo. 80; Avery v.…
1Opinion of the Court
DIVISION TWO.
Gantt, P. J. —
Andrew J. Lloyd, whose widow brings this suit, was run over and killed by defendant’s train on a public crossing on the side, or passing track *599at Des Are, Iron county, Missouri, about 4 o’clock in the afternoon of the twenty-ninth day of September, 1891.
A north bound local freight train had arrived and stopped sit the station, which is located on the east side of the main track, just before the south bound train, and had possession of the main track, and obstructed the public road or street which crossed the tracks north of the station house, or depot. Andrew J.…
2Cases cited6 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dahlstrom v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
- Ruenzi, Admr. v. PayneMissouri Court of Appeals · 1921
- Davidson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.