Hutchinson v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Eon. E. M. Hughes, Judge. (1) On the undisputed evidence the verdict should have been for plaintiffs. This court has repeatedly held that where there is no evidence to support the verdict, the court will set it aside.
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Appeal from St. Charles Circuit Court. — Eon. E. M. Hughes, Judge. (1) On the undisputed evidence the verdict should have been for plaintiffs. This court has repeatedly held that where there is no evidence to support the verdict, the court will set it aside. Sharp v. Railroad, 161 Mo. 236; Tanner v. Railroad, 161 Mo. 511. In each of these eases'the court, in the face of the jury’s verdict that there was no contributing negligence, found that there was such contributing negligence and set the verdicts aside. In this case there was, we submit, a total absence of evidence of contributory…
1Opinion of the CourtBrace, C. J.
— The plaintiffs are minors suing by their next friend to recover the statutory damages of $5,000 for the death of their mother, who was a widow, and whose death, it is alleged, was caused by the' negligence of the defendant. '' v
The verdict and judgment below was for the de\ fendant, and the plaintiffs appeal.
This is the second appeal in this case. On the first trial a demurrer to the plaintiffs’ evidence was sustained in the trial court, and the plaintiffs appealed. On that appeal we held that the instruction in the nature of a demurrer to the evidence ought not to have been given, and for…
2Cases cited4 opinions
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Moody v. Pacific RailroadSupreme Court of Missouri · 1878
3Cited by6 opinions
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- Peterson v. United Railways Co.Supreme Court of Missouri · 1917
- State Ex Rel. St. Louis Public Service Co. v. BeckerSupreme Court of Missouri · 1933
- Pentecost v. Terminal Railroad Co.Supreme Court of Missouri · 1933
- Batesell v. American Zinc, Lead & Smelting Co.Supreme Court of Missouri · 1918
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