Frankel v. Hudson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Wilson A. Taylor, Judge. (1) The court erred in giving the instruction of non-suit at the close of the plaintiff’s case in the nature of a demurrer to the evidence, (a) In passing on a peremptory instruction in the nature of a demurrer to plaintiff’s evidence, the court must consider the evidence introduced by plaintiff as true, and make every finding and deduction in his favor which the jury would have been warranted in…
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Appeal from St. Louis City Circuit Court. — Eon. Wilson A. Taylor, Judge. (1) The court erred in giving the instruction of non-suit at the close of the plaintiff’s case in the nature of a demurrer to the evidence, (a) In passing on a peremptory instruction in the nature of a demurrer to plaintiff’s evidence, the court must consider the evidence introduced by plaintiff as true, and make every finding and deduction in his favor which the jury would have been warranted in making. Meenach v. Crawford, 187 S. W. 882; Williams v. Railroad, 257 Mo. 112, 52 L. R. A. (N. S.) 443; Grouch v. Heffner,…
1Opinion of the CourtBlare, J.
Appellant brought this action for damages for injuries received when he was struck by respondent’s automobile. This appeal followed an order overruling a motion to set- aside an involuntary nonsuit.
Since his appeal in this case, appellant began a second action against respondent, in which the petition counted on the same facts. Eespondent has filed a motion to dismiss the appeal on the ground that the institution of the second action is an abandonment of the appeal in this.
After the petition.in this case was filed, appellant gave notice to take depositions in Chicago, and subpoenaed…
2Cases cited5 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Parkes v. LindenmannWisconsin Supreme Court · 1915
- Burke v. CunninghamNebraska Supreme Court · 1894
3Cited by26 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Doyle v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1930
- Adams v. Portage Irrigation Reservoir & Power Co.Utah Supreme Court · 1937
- Iman v. Walter Freund Bread Co.Supreme Court of Missouri · 1933
- Miller v. CollinsSupreme Court of Missouri · 1931
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