Kendrick v. Harris
Missouri Court of Appeals
Appeal from Carter County Circuit Court. — Hon. W. N. Evans, Judge. (1) The court did not err in refusing defendant’s demurrer to the evidence at the close of the evidence offered by plaintiff.
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Appeal from Carter County Circuit Court. — Hon. W. N. Evans, Judge. (1) The court did not err in refusing defendant’s demurrer to the evidence at the close of the evidence offered by plaintiff. All the facts which the evidence in the support of the issue tends to' establish, or which may. reasonably he inferred therefrom, are taken as admitted on demurrer and considered in the most favorable light to the plaintiff and he is entitled to every reasonable inference to be drawn therefrom, and where there is substantial evidence, however weak, upon which to base the verdict it will not be…
1Opinion of the CourtSturgis, J.
This case originated in a justice of the peace court of Carter county, Missouri. The statement of plaintiff’s cause of action, as there filed, is as follows: “Plaintiff for his cause of action states that on the 25th day of June, 1911, he was the owner of a bay horse which he had in a pasture on the premises of this plaintiff- in Johnson township, Carter county, Missouri, and that on said day, the defendant Marion Harris was driving a roughish bull by said pasture where said horse was, and that said bull jumped into said pasture, and that the defendant with his hired hand entered said…
2Cases cited8 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Von Trebra v. Laclede Gaslight Co.Supreme Court of Missouri · 1908
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Davis v. ClarkMissouri Court of Appeals · 1890
- Gordon v. ParkSupreme Court of Missouri · 1907
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3Cited by4 opinions
- Owen v. WillisCourt of Appeals of Texas · 1929
- Marts v. PowellMissouri Court of Appeals · 1913
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
- Breetz v. HillCourt of Appeals of Kentucky (pre-1976) · 1943