Legal Opinion

Maginnis v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided April 7, 1914PublishedCited by 9 opinions

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

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  3. McGee v. Wabash RailroadSupreme Court of Missouri · 1908
  4. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  5. 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

  1. Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
  2. Whitesides v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
  3. Milward v. Wabash Railway Co.Missouri Court of Appeals · 1921
  4. Moore v. United Railways Co.Missouri Court of Appeals · 1914
  5. Voelker Products Co. v. United Railways Co.Missouri Court of Appeals · 1914

4 more not listed; retrieve them via the Exa API.

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