Deschner ex rel. Deschner v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Eon. Franklin Ferriss, Judge. (1) The order granting a new trial on the ground that “a peremptory instruction at the close of plaintiff ’s case should have been sustained, ’ ’ impliedly overruled the demurrer at the close of the whole case, since the motion for a new trial contained this as one of the grounds.
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Appeal from St. Louis City Circuit Court.— Eon. Franklin Ferriss, Judge. (1) The order granting a new trial on the ground that “a peremptory instruction at the close of plaintiff ’s case should have been sustained, ’ ’ impliedly overruled the demurrer at the close of the whole case, since the motion for a new trial contained this as one of the grounds. In this condition of the record this court has nothing to review unless it is its duty to examine the whole record to see whether the final demurrer should have been sustained, though overruled when presented, and impliedly overruled by the…
1Opinion of the CourtLamm, J.
George Deschner, a minor, through his mother, as next friend, sued defendant, a street railway company, for damages' — counting on negligence. A special jury awarded him $5,000 and judgment went accordingly. Thereat defendant filed a motion for a new trial, which being sustained, defendant was eased of the judgment. Thereat plaintiff appealed from said order and seeks to retain his verdict.
The grounds upon which the court sustained the motion for a new trial are two, viz.: First, “that the court erred in refusing a peremptory instruction at the close of plaintiff’s case;” and, second, “in the…
2Cases cited9 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Kansas City v. HydeSupreme Court of Missouri · 1906
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Heuer v. John R. Thompson Co.Missouri Court of Appeals · 1952
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Lindquist v. Kansas City Public Service Co.Supreme Court of Missouri · 1943
17 more not listed; retrieve them via the Exa API.