Legal Opinion

Smith v. Chicago & Alton Railroad

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 37 opinions

Appeal from Howard Circuit Court. — Hon. G. H.. Bubckhabtt, Judge. (1) The verdict is against the evidence in the case,, and this court will set aside a verdict when it is without-evidence to support it. Hacker v. Brown, 81 Mo. 68; Foster v. Foster, 77 Mo. 227; Schooling v. Railroad, 75 Mo. 518; Fo/ir grieve v. Moberly, 29 Mo. App. 141. Or when the evidence so preponderates against it as to show that it was the result of partiality, prejudice or passion.

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Appeal from Howard Circuit Court. — Hon. G. H.. Bubckhabtt, Judge. (1) The verdict is against the evidence in the case,, and this court will set aside a verdict when it is without-evidence to support it. Hacker v. Brown, 81 Mo. 68; Foster v. Foster, 77 Mo. 227; Schooling v. Railroad, 75 Mo. 518; Fo/ir grieve v. Moberly, 29 Mo. App. 141. Or when the evidence so preponderates against it as to show that it was the result of partiality, prejudice or passion. Oglesby v. Corby, 96 Mo. 285 ; Rosecrans v. Railroad, 83 Mo.- 678; Thompson on .Trials, sec. 2273. (2) Plaintiff’s instruction, numbered 3,…

1Opinion of the CourtBlack, J.

The defendant prosecutes this appeal from a judgment in favor of the plaintiff rendered in a personal-damage suit. Plaintiff is a married woman of the age of forty-five years. She and her son, fifteen years of age, became passengers at Odessa for Higbee on the defendant’s morning train. A hundred or more persons got on the train at the first-named place for an intermediate station, so that the local cars were crowded. Several witnesses testify that the conductor of the train *247directed the plaintiff and her son to get in a rear coach, designed for through passengers, and it is an undisputed…

2Cases cited5 opinions

  1. Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  2. Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
  4. Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  5. State v. ElkinsSupreme Court of Missouri · 1890

3Cited by37 opinions

  1. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
  2. Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
  3. Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
  4. Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
  5. Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895

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