Northrop v. Diggs
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. E. Shields, Judge. (1) The respondent made no case under his pleadings, and appellant’s demurrer to the evidence, offered both at the close of plaintiff’s case, and at the close of the entire case, should have been given, and the court erred in refusing the same and as plaintiff on this the third trial has failed to make a case and cannot improve on it, this cause should be reversed without remanding.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. E. Shields, Judge. (1) The respondent made no case under his pleadings, and appellant’s demurrer to the evidence, offered both at the close of plaintiff’s case, and at the close of the entire case, should have been given, and the court erred in refusing the same and as plaintiff on this the third trial has failed to make a case and cannot improve on it, this cause should be reversed without remanding. Bassford v. West, 124 M'o. App. 248; Loving Co. v. Hesperian Cattle Co., 176 Mo. 332; Ingwerson v. Railroad, 103 S. W. 1143; McCrory v.…
1Opinion of the CourtGoode, J.
Three verdicts have been given for plaintiff in this case and there have been two appeals, the first from an order of the court below granting a new trial, which order was affirmed (115 Mo. App. 91), and the second from a judgment for plaintiff, which was reversed because of an error in one of the instructions (128 Mo. App. 217). The facts in the present record are not materially different from what they were before, and are stated fully in the previous opinions. It is necessary to restate them in part in order to make intelligible the points now presented for decision. In the autumn of 1902,…
2Cases cited10 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Vawter v. HultzSupreme Court of Missouri · 1892
- Stavinow v. Home InsuranceMissouri Court of Appeals · 1891
- Holland v. WilliamsSupreme Court of Georgia · 1906
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3Cited by2 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Finer v. NicholsMissouri Court of Appeals · 1913