Asphalt & Granitoid Construction Co. v. St. Louis Transit Co.

From a judgment in favor of defendant, recovered before a justice, plaintiff appealed to the circuit court, where on a trial de novo plaintiff (a corporation) recovered judgment for $250. From this judgment defendant appealed to this court.

At the close of plaintiff’s evidence and again at the close of all the evidence, defendant moved the court to instruct the jury that plaintiff was not entitled to recover. The court refused to give these instructions. *472Defendant insists that the court erred in refusing these instructions for the reason that the evidence conclusively shows that plaintiff’s…