Lowe v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. (1) As respondent did not stand on its demurrer at close of plaintiff’s case, but put on its evidence, apReliant is entitled to all tbe evidence from the defendant’s side in aid of his case.
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Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. (1) As respondent did not stand on its demurrer at close of plaintiff’s case, but put on its evidence, apReliant is entitled to all tbe evidence from the defendant’s side in aid of his case. Phelan v. Paving Co., 227 Mo. 704; McPherson v. Railroad, 97 Mo. 253; Klockenbrink v. Railroad, 172 Mo. 683. (2) In reviewing a case to determine whether the court erred in giving or refusing a demurrer, the appellate court will look to the whole evidence, no matter by whom offered. Eswin v. Railroad, 96 Mo. 294; Jennings v. Railroad, 112 Mo.…
1Dissent
DISSENTING OPINION ON MOTION FOR REHEARING.
NIXON, P. J.
At the conclusion of the plaintiff’s evidence in this case the defendant filed a demurrer, which being overruled by the court, defendant proceeded to introduce its evidence in defense. At the conclusion of all the evidence, it again tendered a demurrer which was likewise overruled. The jury returned a verdict for the plaintiff in the sum of one thousand dollars. Defendant thereupon filed its motion for a new trial which the circuit court sustained on the ground that there was not sufficient evidence ta authorize a finding for the…
2Cases cited25 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
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