Jones v. National Candy Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». J. Hugo Gri/mm, Judge. The court erred in refusing to grant defendant’s motion to dismiss its appeal, at the close of plaintiff’s ■evidence in chief and after the court had refused to give a peremptory instruction in the nature of a demurrer to the evidence. Pullis ,v. Pullis Bros. Iron Co., 157 Mo. 565; Earl v. Hart, 89 Mo. 262; Sublette v. St. Louis, 96 Mo. App. 115; Kain v. Tuohy, 80' Mo.
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Appeal from St. Louis City Circuit Court. — Ho». J. Hugo Gri/mm, Judge. The court erred in refusing to grant defendant’s motion to dismiss its appeal, at the close of plaintiff’s ■evidence in chief and after the court had refused to give a peremptory instruction in the nature of a demurrer to the evidence. Pullis ,v. Pullis Bros. Iron Co., 157 Mo. 565; Earl v. Hart, 89 Mo. 262; Sublette v. St. Louis, 96 Mo. App. 115; Kain v. Tuohy, 80' Mo. App. 350; Holloman v. Railroad, 92 Mo. 284; Maplewood Coal Co. v. Phillips, 206 111. 451; Bacon v. Lawrence, 26 111. 53; Hart v. Railroad, 122 Wis. 308;…
1Opinion of the CourtReynolds, P. J.
Commencing his action,-by next friend, before a justice of the peace, plaintiff, a minor, about sixteen years and seven months of age at the time of the accident, still under age when his action was brought, recovered a judgment against the defendant, National Candy Company, for $75, from which the defendant appealed to the circuit court.
In the circuit court the defendant challenged the petition or statement as not stating facts sufficient to constitute a cause of action. This was overruled, and at the conclusion of the testimony for plaintiff, defendant asked leave to dismiss its appeal.…
2Cases cited7 opinions
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Howard v. StrodeMissouri Court of Appeals · 1907
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Williams v. LewisMissouri Court of Appeals · 1892
- Butler v. PierceMissouri Court of Appeals · 1905
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