Scott v. American Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from Jasper Comity Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) It is not the province of the trial court, after plaintiff has made out a prima-facie case, to sustain an instruction to the jury to find for defendant offered at the close of all the testimony on the ground that defendant’s proof is undisputed and unimpeaehed, and is sufficient to overcome plaintiff’s prima-facie case, etc.
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Appeal from Jasper Comity Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) It is not the province of the trial court, after plaintiff has made out a prima-facie case, to sustain an instruction to the jury to find for defendant offered at the close of all the testimony on the ground that defendant’s proof is undisputed and unimpeaehed, and is sufficient to overcome plaintiff’s prima-facie case, etc. Gannon v. Gas Co., 145 Mo. 502; Ward v. Steffen, 88 Mo. App. 576; O’Meara v. St. Louis Transit Co., 102 Mo. App. 211; Compton v. Railroad, 165 Mo. App. 287, 159 S. W. 843,…
1Opinion of the CourtFarrington, J.
Plaintiff sued for $5000 as damages for personal injuries sustained while employed as a shoveler in defendant’s mine.
At the close of plaintiff’s evidence in chief, defendant asked and the court refused an instruction in the nature of a demurrer to the evidence. It was renewed at the close of all the evidence, at which time, according to the bill of exceptions, it was given; whereupon, the bill of exceptions recites, plaintiff took a nonsuit with leave to move to set the same aside. The appeal is taken by plaintiff from an order overruling his motion to set aside the nonsuit.
The petition…
2Cases cited21 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
- Crossland v. AdmireSupreme Court of Missouri · 1899
- McClure v. CampbellSupreme Court of Missouri · 1899
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
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3Cited by4 opinions
- Hoffman v. Peerless White Lime Co.Supreme Court of Missouri · 1927
- Osagera v. SchaffSupreme Court of Missouri · 1922
- State Ex Rel. Porter v. FalkenhainerSupreme Court of Missouri · 1927
- International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932