Webb v. Kansas City
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Tbe motion of tbe defendant Crow went to tbe judgment rendered on November 2, 1898, as a whole, because while tbe city and tbe others “were defendants in tbe suit of plaintiff, and bad tbe right to make a common defense against tbe charge of negligence, and a common affirmative defense of contributory negligence, they were at tbe same time antagonists on tbe question of tbe primary liability for tbe…
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Appeal from tbe Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Tbe motion of tbe defendant Crow went to tbe judgment rendered on November 2, 1898, as a whole, because while tbe city and tbe others “were defendants in tbe suit of plaintiff, and bad tbe right to make a common defense against tbe charge of negligence, and a common affirmative defense of contributory negligence, they were at tbe same time antagonists on tbe question of tbe primary liability for tbe injury to plaintiff.” And if Crow’s motion for new trial bad been overruled, and be bad appealed, tbe entire record would…
1Opinion of the CourtSmith, P. J.
— This is an action by plaintiff against defendants to recover damages on account^ of injuries received by the former by reason of the negligence of the latter. There was a trial by jury which resulted in a verdict in favor of plaintiff against defendant Crow and in favor of the other defendants. Subsequently, this verdict, on motion of defendant Crow, was set aside in its entirety. Later on still, all of the defendants except Crow and Eisher severally moved the court to strike their names from the docket as defendants and to dismiss the action as to them; which motion was by the court…
2Cases cited7 opinions
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Caulfield v. FarishMissouri Court of Appeals · 1887
- Sater v. HuntMissouri Court of Appeals · 1895
- Voorhis v. Western Union Building & Loan Ass'nMissouri Court of Appeals · 1894
- Merchants' Exchange Mutual Benevolent Society v. SessinghausMissouri Court of Appeals · 1894
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3Cited by4 opinions
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Rock Island Implement Co. v. MarrSupreme Court of Missouri · 1902
- Lafayette-South Side Bank & Trust Co. v. SiefertMissouri Court of Appeals · 1929
- Boden v. JohnsonMissouri Court of Appeals · 1930