Wight v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court, Hon. Chas. Gi. Burton, Judge. The case is stated in the opinion. The court erred in setting aside the 'judgment for the defendant, entered upon the verdict of the jury. The issues were fairly presented and passed upon, and in setting aside the judgment the court usurped the province of the jury, and substituted its judgment for that of the jury.
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Appeal from Vernon Circuit Court, Hon. Chas. Gi. Burton, Judge. The case is stated in the opinion. The court erred in setting aside the 'judgment for the defendant, entered upon the verdict of the jury. The issues were fairly presented and passed upon, and in setting aside the judgment the court usurped the province of the jury, and substituted its judgment for that of the jury. Its action in that regard is subject to review by this court, and the course taken by defendant in abandoning the case when it did, was the proper practice to obtain the judgment of this court thereon. Hill v.…
1Opinion of the CourtPhilips, P. J.
This is an action against the defendant, a railroad corporation, for killing two cows, the property of plaintiff. The plaintiff’s evidence showed, and the defendant admitted, that the two cows were killed by defendant’s cars at a public road crossing. The negligence imputed to defendant was its failure to either ring the bell, or sound the whistle, on approaching this crossing, as by statute required. Plaintiff’s evidence, from three witnesses, quite clearly established the fact that the bell was not rung, nor the whistle sounded.
Defendant’s engineer testified, omits behalf, that he did ring…
2Cases cited7 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
- Bronner v. WetzlarCalifornia Supreme Court · 1880
- Braxton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Head v. RandolphMissouri Court of Appeals · 1900
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.