Ballard v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from, the Mercer Circuit Cowrt. — Hon. G-. D. Bubgess, Judge. (1) The court should have granted the defendant a new trial. The showing made by the defendant as to the newly-discovered evidence was sufficient to authorize the court to set aside the verdict and grant a new trial. Alexander r.
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Appeal from, the Mercer Circuit Cowrt. — Hon. G-. D. Bubgess, Judge. (1) The court should have granted the defendant a new trial. The showing made by the defendant as to the newly-discovered evidence was sufficient to authorize the court to set aside the verdict and grant a new trial. Alexander r. Solomon, 15 S. W. Rep. 906; Powell on Appellate Procedure, p. 257; Jackson v. Sternbergh, 1 Caines, 162, 166; Weber v. Weber, 5 N. Y. Sup. 178. (2) The verdict is contrary to the evidence, and should have been set aside for that reason. The plaintiff’s story is so improbable that the jury was not…
1Opinion of the CourtSmith, P. J.
This was an action to recover damages for personal injuries. It was alleged in the petition that the plaintiff was employed as a common laborer, with others, on one of defendant’s “work trains,” and while engaged in unloading a car under the control and direction of a boss whose duty it was to direct plaintiff in and about his duties, and who, while said train was in mótion, negligently ordered the plaintiff with his co-employes to jump therefrom without stopping the said train, by reason of which plaintiff without any fault on his part was injured, etc.
The defense interposed was a general…
2Cases cited6 opinions
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Empey v. Grand Avenue Cable Co.Missouri Court of Appeals · 1891
- Herriman v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
- Richmond v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Toone v. J. P. O'neill Construction Co.Utah Supreme Court · 1912
- Ballard v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1897
- Reynolds v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911