Bender v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Eobinson, Judge. (1) It is the province of the jury to determine questions of fact which are at issue in a case. The court should not instruct them to draw inferences which are not legal. Moses v. Eddy, 28 Mo. 382; Smith v. Hutchison, 83 Mo. 690. (2) If there is any evidence relevant to the allegations, it is for the jury to determine their sufficiency, and the jury may make all reasonable inferences from the facts in evidence.
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Appeal from Jasper Circuit Court. — Hon. W. M. Eobinson, Judge. (1) It is the province of the jury to determine questions of fact which are at issue in a case. The court should not instruct them to draw inferences which are not legal. Moses v. Eddy, 28 Mo. 382; Smith v. Hutchison, 83 Mo. 690. (2) If there is any evidence relevant to the allegations, it is for the jury to determine their sufficiency, and the jury may make all reasonable inferences from the facts in evidence. Chamberlain v. Smith, 1 Mo. 482; Magon v. Whiting, 1 Mo. 613;' State v. Woods, 7 Mo. 536; Barton v. Railroad, 52 Mo.…
1Opinion of the CourtGantt, P. J.
The sole question for our determination at this time in this case is the propriety of sustaining the demurrer to the evidence. Under our system of practice a demurrer to the evidence admits every fact which the jurors may infer if the evidence were before them, and'should only be sustained when the evidence thus considered fails to make proof of some essential averment. Rine v. Railroad, 100 Mo. *245228; Frick v. Railroad, 75 Mo. 595; Myers v. Kansas City, 108 Mo. 480.
When the facts are disputed, or the credibility of ' witnesses is drawn in question, or a material fact is left in doubt, or…
2Cases cited6 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Myers v. City of KansasSupreme Court of Missouri · 1891
- Nicholds v. Crystal Plate Glass Co.Supreme Court of Missouri · 1894
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
18 more not listed; retrieve them via the Exa API.