Maginnis v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugo Muench, Judge. (1) (a) Inasmuch as the. learned trial judge granted the defendant a new trial, among others, on the conflicting grounds that he should have sustained a demurrer to the evidence and that the verdict was against the weight of the evidence, this court will not consider the latter ground as sufficient to sustain the order granting a new trial.
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Appeal from St. Louis City Circuit Court. — Eon. Eugo Muench, Judge. (1) (a) Inasmuch as the. learned trial judge granted the defendant a new trial, among others, on the conflicting grounds that he should have sustained a demurrer to the evidence and that the verdict was against the weight of the evidence, this court will not consider the latter ground as sufficient to sustain the order granting a new trial. Crawford v. Stock Yards Company, 215 Mo. 394; Gibson v. Ducker and Sons, 170 Mo. App. 1451; Richter v. Railways Company, 145 Mo. 1. (b) The third ground of the motion for new trial cannot…
1Opinion of the Court
NORTONI, J>.
(after stating the facts). — The court recited, in the order granting a new trial, that it erred in submitting the case to the jury, in that it should have directed a verdict for defendant, and this, of course, involves the idea that there is no substantial evidence to support a recovery on any of the grounds stated in the petition. It is urged by plaintiff that she made a prima-facie case by showing the fact that her husband came to his death at a public road crossing and defendant omitted to sound the statutory signals, but we are not so persuaded, in view of the contributory…
2Cases cited17 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Whitesides v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- Milward v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Moore v. United Railways Co.Missouri Court of Appeals · 1914
- Voelker Products Co. v. United Railways Co.Missouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.