Legal Opinion

Lackland v. United Railways Co.

Missouri Court of Appeals

Decided February 6, 1917Published

Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillan, Judge. (1) The appellant- in this case having made out a complete case under the evidence and there being no evidence to the contrary, the court having sustained a motion for a new trial because the verdict was against the weight of the evidence, it is the duty of the appellate court to set aside the action of the trial court granting such new trial and to sustain the verdict of the jury.

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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillan, Judge. (1) The appellant- in this case having made out a complete case under the evidence and there being no evidence to the contrary, the court having sustained a motion for a new trial because the verdict was against the weight of the evidence, it is the duty of the appellate court to set aside the action of the trial court granting such new trial and to sustain the verdict of the jury. Richardson v..Moffitt-West Drug Co., 92 Mo. App. 515. (2) Only slight evidence tending to support the inference that respondent operated the…

1Opinion of the CourtReynolds, P. J.

Plaintiff brought her action against the defendant, United Railways Company, averring that that was a corporation, organized and existing under and by virtue of the laws of this State, and that on. May 16, 1911, and for many months prior thereto, it had been engaged in operating a street railway on the streets of St. Louis, over which the defendant was, on May 16, engaged in propelling passenger cars, and that on that date it was engaged in operating a passenger ear *65carrying passengers for hire on the strip of track running east on Olive, a pnhlic street in the city of St. Louis, and that on…

2Cases cited8 opinions

  1. Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
  2. Walsh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. State ex rel. Union Electric Light & Power Co. v. ReynoldsSupreme Court of Missouri · 1914
  4. Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
  5. Frisby v. St. Louis Transit Co.Supreme Court of Missouri · 1908

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