Spohn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
v Appeal from Miller Circuit Court. — Hon. E. L. Edwards, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Plaintiff’s story, as told upon this trial, is so extraordinary and improbable, that a verdict should not be permitted to stand upon it; and the fact that a verdict was rendered upon it, leads to the conclusion that the verdict was the result of passion or prejudice, or a total disregard of the instructions of the court.
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v Appeal from Miller Circuit Court. — Hon. E. L. Edwards, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Plaintiff’s story, as told upon this trial, is so extraordinary and improbable, that a verdict should not be permitted to stand upon it; and the fact that a verdict was rendered upon it, leads to the conclusion that the verdict was the result of passion or prejudice, or a total disregard of the instructions of the court. His story is much more incredible now than when the case was last before this court. Courts are not bound to believe improbable and…
1Opinion of the CourtGUntt, P. J.
This case is here on a third appeal. The reports of the two former appeals will be found in 87 Mo. 74, and 101 Mo. 417.
*627The evidence now is substantially the same as ' it was on the first appeal. Without repeating it all, it will be sufficient to a proper understanding to say, that in the "year 1880, the plaintiff was living near the city of Philadelphia, Pennsylvania. He was German by birth. He was born in 1847, at Heilbron, in Baden. When about sixteen years old he went to Heidelberg and worked two years as a porter in a hotel in that ■city. In 1870 he left Mannheim on the Rhine, for…
2Cases cited7 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Brown v. StateCourt of Appeals of Maryland · 1890
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StewartIndiana Court of Appeals · 1900
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
- McCardle v. George B. Peck Dry Goods Co.Supreme Court of Missouri · 1917
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
12 more not listed; retrieve them via the Exa API.