Wiedeman v. St. Louis Taxicab Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. George N. Shields, Judge. (1) The trial court erred iu refusing defendant’s instruction in the nature of a demurrer to the evidence asked at the close of plaintiff’s evidence in chief and defendant’s peremptory instruction to find for the defendant asked at the close of all of the evidence.
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Appeal from St. Louis City Circuit Court. — Now. George N. Shields, Judge. (1) The trial court erred iu refusing defendant’s instruction in the nature of a demurrer to the evidence asked at the close of plaintiff’s evidence in chief and defendant’s peremptory instruction to find for the defendant asked at the close of all of the evidence. Walker v. Bailroad, 193 Mo. 453; Schmidt v. Bailroad, 191 Mo-. 215; Green v. Bailroad, 192 Mo. 131; Moekowk v. Bailroad, 196 Mo'. 550. (2) The court erred in refusing defendant’s instructions numbered 10!, 11, 12 and 13. (3) The court erred in refusing to…
1Opinion of the CourtAllen, J.
This is an action for injuries alleged to have been sustained by plaintiff by reason of the negligent operation of one of defendant’s automobiles, whereby the latter was caused to strike a wagon in which plaintiff was riding. The suit originated before a justice of the1 peace, where plaintiff had judgment. Upon defendant’s appeal to the circuit court and a trial de novo there, plaintiff again prevailed, and defendant has appealed to this court.
*526Plaintiff testified that on the afternoon of January 13, 1911, he was driving an ash wagon, drawn by a mule, along Kingshighway, a public street in the…
2Cases cited3 opinions
- Long v. NuteMissouri Court of Appeals · 1907
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Beasley v. Jefferson BankMissouri Court of Appeals · 1905
3Cited by5 opinions
- Houston v. Co.Oregon Supreme Court · 1917
- Phillips v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- State v. AbbottSupreme Court of Missouri · 1954
- Franklin v. WootersIdaho Supreme Court · 1935
- Raymond v. Elm Tree Inn Co.Missouri Court of Appeals · 1922