Byington v. St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. (1) This court upon an appeal from a judgment granting a new trial, will only consider the correctness of the grounds specified in writing by the trial judge for sustaining tbe motion for a new trial. If they are unsound this court will reverse and direct tbe trial court to enter up judgment on tbe verdict.
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Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. (1) This court upon an appeal from a judgment granting a new trial, will only consider the correctness of the grounds specified in writing by the trial judge for sustaining tbe motion for a new trial. If they are unsound this court will reverse and direct tbe trial court to enter up judgment on tbe verdict. Herdler v. Buck’s Stove and Range Co., 186 Mo. 8; Miller v. Madison Car Co., 130 Mo. 517; Oandee v. Railroad, 130 Mo. 142; Bradley v. Reppell, 133 Mo. 545. (2) This action is not based upon the city ordinance,…
1Opinion of the CourtMarshall, J.
— Appeal from an order granting defendant a new trial.
The petition alleges that on the 1st of September, 1893, there was in force, “and binding on the defendant herein,” in the city of St. Louis, an ordinance numbered 16,578, regulating the running of street cars, which provided, inter alia, as follows: “It shall be the duty of every driver, motorman, gripman or other servant running any car to bring his car to a full stop, whenever requested, signaled or motioned by any person standing on such appropriate corner desiring to board such car, or whenever so requested, signaled or ordered by the…
2Cases cited3 opinions
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
3Cited by11 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
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