Coatney v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Lawrence Oircuit Gourt. — Hon. J. C. Lamson, Judge. (1) Tbe question to be determined by tbis court is whether or not tbe trial court properly sustained tbe demurrer at tbe close of plaintiff’s evidence.
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Appeal from Lawrence Oircuit Gourt. — Hon. J. C. Lamson, Judge. (1) Tbe question to be determined by tbis court is whether or not tbe trial court properly sustained tbe demurrer at tbe close of plaintiff’s evidence. If it did, then it necessarily follows that error was committed in setting aside tbe verdict based upon that demurrer, for tbe reason that tbe motion to set aside tbe nonsuit alleges merely that tbe court erred in sustaining the demurrer, and the court sustained the motion upon that ground only, there being no reason given for its action in so doing. (2) There was not a particle…
1Opinion of the CourtBrace, J.
This is an action brought by the plaintiff, the widow of James Coatney, deceased, to recover $5,000 •damages for the death of her husband, which she alleges, in her petition, was caused by the negligence of the defendant, ■On the trial, at the close of plaintiff’s evidence, the court instructed the jury that under the pleadings and evidence the plaintiff was not entitled to recover. Thereupon the plaintiff took a nonsuit with leave; and judgment was rendered in favor of the defendant for costs. In due time plaintiff filed her motion to set aside the nonsuit, on the • ground that the court…
2Cases cited5 opinions
- McClure v. CampbellSupreme Court of Missouri · 1899
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- State ex rel. Cass County v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Ready v. SmithSupreme Court of Missouri · 1897
3Cited by8 opinions
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Rainwater v. WallaceSupreme Court of Missouri · 1943
- State ex rel. Wendling v. ArnoldMissouri Court of Appeals · 1917
- Veatch v. NormanMissouri Court of Appeals · 1902
- Cohn v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
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