Yates v. Shanklin
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. J. P. Butler, Judge. • (1) The issue was one of fact, in the determination of which the jury passed on the credibility of witnesses and the weight of their testimony. As the evidence overwhelmingly supports the verdict it should stand. Edwards v. Railway, 82 Mo. App. 478; Becldey v. Skroh, 19 Mo.
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Appeal from the Carroll Circuit Court. — Hon. J. P. Butler, Judge. • (1) The issue was one of fact, in the determination of which the jury passed on the credibility of witnesses and the weight of their testimony. As the evidence overwhelmingly supports the verdict it should stand. Edwards v. Railway, 82 Mo. App. 478; Becldey v. Skroh, 19 Mo. App. 75; Culbertson v. Hill, 87 Mo. 553; Gregory v. Chambers, 78 Mo. 294; 1 Thompson on Trials, sec. 1037, 1038; Mill Co. v. Bruihl, 51 Mo. 144; Coudy v. Railway, 85 Mo. 79; 'McAfee v. Ryan, 11 Mo. 365; Bryan v. Wear, 4 Mo. 106; Bradford v. Rudolph, 45…
1Opinion of the CourtEllison, J.
— This action is founded' on an alleged nuisance maintained by defendant on his property whereby the plaintiff’s property was alleged to be injured and the health and convenience of plaintiff greatly damaged. The verdict was for defendant. A motion was made to set aside the verdict and grant a new trial. This motion was ordered to be sustained by the trial court on the ground among others that the verdict was against the evidence in the cause. The defendant appealed from this order.
*360When the verdict is against the evidence in a cause it is ground for a new trial. -We have therefore only to…
2Cases cited7 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Longdon v. KellyMissouri Court of Appeals · 1892
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Edwards v. Missouri Railway Co.Missouri Court of Appeals · 1900
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3Cited by3 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Hall v. McConeyMissouri Court of Appeals · 1910
- Richardson ex rel. Strode v. Missouri Fire Brick Co.Missouri Court of Appeals · 1907