Longree v. Jackes-Evans Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Tbe court erred in refusing to give tbe peremptory instruction asked by appellant at tbe close of all tbe evidence, (a) Tbis instruction should bave been given, as there was no evidence in tbe case showing, or tending to show, that tbe injuries complained of by respondent were due to any of tbe acts of negligence alleged in respondent’s petition.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Tbe court erred in refusing to give tbe peremptory instruction asked by appellant at tbe close of all tbe evidence, (a) Tbis instruction should bave been given, as there was no evidence in tbe case showing, or tending to show, that tbe injuries complained of by respondent were due to any of tbe acts of negligence alleged in respondent’s petition. Cbrismer v. Telephone Co., 92 S. W. 378. (b) Because definite proof is required to sustain a case, and tbe jury cannot base a verdict upon mere conjecture. Epperson v.…
1Opinion of the CourtGoode, J.
(after stating the facts.)
1. In support of the point that a verdict should have been directed in defendant’s favor, its counsel advances these propositions : First. There was no evidence tending to show plaintiff’s injuries were due to any of the acts of negligence charged in the petition. Second. The court having required the jury . to find the iron was dumped on plaintiff by reason of one of the castors having sunk into a knot hole, it must be taken for granted that this was the ground of the verdict. But such a finding was a mere conjecture or surmise, unsurported by any evidence to' show…
2Cases cited13 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
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3Cited by3 opinions
- Fink v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1912
- Hitt v. HittMissouri Court of Appeals · 1910
- Yongue v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908