Van Loon v. St. Joseph Railway, Light, Heat & Power Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. K. Amich, Judge. (1) The court had no right to set the verdict aside on the ground that it was against the weight of the evidence. Sec. 2023, R. S. 1909; Vermillion v. Jarsons, 98 Mo. App. 72; McFarland v. Accident Assn., 124 Mo. 222; Nicol & Co. v. Hyre & Co., 58 Mo. App. 134; Troll v. Pro-. tected Home Circle, 161 Mo.
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Appeal from Buchanan Circuit Court. — Hon. W. K. Amich, Judge. (1) The court had no right to set the verdict aside on the ground that it was against the weight of the evidence. Sec. 2023, R. S. 1909; Vermillion v. Jarsons, 98 Mo. App. 72; McFarland v. Accident Assn., 124 Mo. 222; Nicol & Co. v. Hyre & Co., 58 Mo. App. 134; Troll v. Pro-. tected Home Circle, 161 Mo. App. 722. (2) The fa'et that the court was suspicious of the conduct of J. Elliston, who had no interest in the result of the trial, who acted for the plaintiff in no way, and who, neither himself nor through another, ever spoke to…
1Opinion of the CourtGraves, J.
This case has been duly certified to this court by the Kansas City Court of Appeals. The majórity opinion sustained the action of the trial court. The dissenting judge takes a contrary view. The question involved is single, and pointedly made. Plaintiff had a verdict below, and this verdict was set aside by the trial judge. The opinion of the Court of Appeals thus *213states the necessary facts (clearly, bnt somewhat strongly stated) for a determination of the question involved:
“Appellant sued for damages alleged to have been caused by a fall received while attempting to alight from defendant’s…
2Cases cited5 opinions
- Borland v. BarrettSupreme Court of Virginia · 1882
- Morgan v. RossSupreme Court of Missouri · 1881
- State v. UptonSupreme Court of Missouri · 1855
- Kennedy v. HolladaySupreme Court of Missouri · 1891
- Hamburger v. RinkelSupreme Court of Missouri · 1901
3Cited by6 opinions
- Reich v. ThompsonSupreme Court of Missouri · 1940
- State v. BerschSupreme Court of Missouri · 1918
- Giddens v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1996
- Liddle v. Collins Construction CompanySupreme Court of Missouri · 1955
- King v. MannSupreme Court of Missouri · 1926
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