Colyer v. Missouri Pacific Railway Co.
Missouri Court of Appeals
-Appeal from Jackson Circuit Court. — Eon. James Crib-son, Judge. (1) There was no substantial evidence to support the verdict in this case, and therefore the judgment should he reversed. (2) There is no principle of practice better settled by the decisions of the appellate courts of this State than that a verdict will not be permitted to stand unless it be supported by substantial evidence.
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-Appeal from Jackson Circuit Court. — Eon. James Crib-son, Judge. (1) There was no substantial evidence to support the verdict in this case, and therefore the judgment should he reversed. (2) There is no principle of practice better settled by the decisions of the appellate courts of this State than that a verdict will not be permitted to stand unless it be supported by substantial evidence. Blumenthal v. Torini, 40 Mo. 159; Rea v. Ferguson, 72 Mo. 225; Crane v. Timberlake, 81 Mo. 481; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 334; McFarland v. Accident Assn., 124 M‘o. 204; State…
1Opinion of the CourtJohnson, J.
— This case was here once before upon defendant’s appeal and was remanded for a new trial because of errors in the admission of evidence and in the instructions given on behalf of plaintiffs. The opinion is reported in the 93 Mo. App. 147.
The suit is for the recovery of double damages under the provisions of section 1105, Revised Statutes 1899. In the original petition upon which the case first was tried it was alleged that “defendant with its engines and cars struck and run over twenty mules belonging to plaintiffs at a point on its road where the same passes .through and along an inclosed…
2Cases cited1 opinion
- Colyer v. Missouri Pacific RailroadMissouri Court of Appeals · 1902