Oehmen v. Portmann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) A verdict not supported by substantial testimony justifying it will not be allowed to stand by an appellate court. There was no substantial evidence in this case that plaintiff was the owner of the piano in question. Price v. Lederer, 33 Mo. App. 426; Rottman v. Pohlmann, 28 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) A verdict not supported by substantial testimony justifying it will not be allowed to stand by an appellate court. There was no substantial evidence in this case that plaintiff was the owner of the piano in question. Price v. Lederer, 33 Mo. App. 426; Rottman v. Pohlmann, 28 Mo. App. 399; Avery v. Fitzgerald, 94 Mo. 207; Archambault v. Blanchard, 198 Mo. 384. (2) Instructions must be predicated on the evidence. Willis v. St. Joseph, 111 Mo. App. 580; Chambers v. Railroad, 111 Mo. App. 609; Fisher v. St. Louis…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendants contend that plaintiff’s first instruction was erroneous because it submitted to the jury the issue whether the piano was the property of the plaintiff, when there was no evidence upon which the jury could have based such a finding. This contention is based upon the showing made by the record that when the piano was delivered to and injured by the defendants, it really belonged to plaintiff’s thirteen-year-old daughter, having been bought and paid for by him and given to her as a present. If this were a case where plaintiff’s title was properly in…
2Cases cited7 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Brandon v. CarterSupreme Court of Missouri · 1894
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Sherwood v. NealMissouri Court of Appeals · 1890
- Hoffman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
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3Cited by5 opinions
- Cox v. WrinkleSupreme Court of Missouri · 1954
- Dyer v. Union Electric CompanyMissouri Court of Appeals · 1958
- Kramer v. Grand National Bank of St. LouisSupreme Court of Missouri · 1935
- O'Neill v. Montana Elevator Co.Montana Supreme Court · 1922
- Cook v. LuskMissouri Court of Appeals · 1914