Spohn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. D. "W. Shackleford, Judge. (1) Courts are not bound to believe improbable and incredible statements or stories, simply because a jury seems to have rendered a verdict upon them. Curley v. Railroad, 105 Mo. 211; Spohn v. Railroad, 87 Mo. 74; Hunter v. Railroad, 23 N. E. Rep. 9; Spohn v. Railroad, 116 Mo. 617. The circuit court should have disregarded plaintiff’s evidence, and should have sustained the demurrer.
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Appeal from Cooper Circuit Court. — Hon. D. "W. Shackleford, Judge. (1) Courts are not bound to believe improbable and incredible statements or stories, simply because a jury seems to have rendered a verdict upon them. Curley v. Railroad, 105 Mo. 211; Spohn v. Railroad, 87 Mo. 74; Hunter v. Railroad, 23 N. E. Rep. 9; Spohn v. Railroad, 116 Mo. 617. The circuit court should have disregarded plaintiff’s evidence, and should have sustained the demurrer. (2) Plaintiff’s story as now told is so flatly contradictory in many important and vital particulars,- from his narration of it, at former…
1Opinion of the CourtBrace, J.
This is an action for damages for personal injuries, tried in the circuit court of Cooper county, in which "the plaintiff obtained a judgment for $5,000, and the defendant .appeals.
I. This is the fourth time this case has been here on appeal. It has been so fully stated in the opinions on the former appeals (87 Mo. 74, 101 Mo. 418, and 116 Mo. 617), that it is unnecessary to incumber the reports with a restatement' of it in detail. The refusal of the trial court to sustain a demurrer to the evidence, the admission of illegal evidence and the giving of an instruction for the plaintiff, are…
2Cases cited9 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- State v. DavisSupreme Court of Missouri · 1860
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State v. SteinSupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Waddle v. FrazierSupreme Court of Missouri · 1912
- Aboussie v. McBroomMissouri Court of Appeals · 1967
- Peak v. TaubmanSupreme Court of Missouri · 1913
8 more not listed; retrieve them via the Exa API.