Dalton v. Redemeyer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) As the trial court stated, in the record, its reasons for granting a new trial, it will be presumed that- it ruled against all other causes assigned in the motion for a new trial and'that in so doing it was right. The cause stated was the error of the court in refusing defendant’s instruction as to the burden of proof. Njo other cause need be considered here.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) As the trial court stated, in the record, its reasons for granting a new trial, it will be presumed that- it ruled against all other causes assigned in the motion for a new trial and'that in so doing it was right. The cause stated was the error of the court in refusing defendant’s instruction as to the burden of proof. Njo other cause need be considered here. Ittner v. Hughes; 133 Mo. 679. (2) Admitting, for the sake of argument only, that the instruction regarding the burden of proof was erroneously refused, a new…
1Opinion of the CourtReynolds, P. J.
This action was brought by plaintiff, appellant here, against respondent Redemeyer, and the Prendergast Contracting Company. It is averred in the petition that plaintiff is “the owner of four certain horses and that on the 18th. of March, 1907, he hired and delivered them to defendant in good order and condition, under a contract, by the terms of which, partly expressed and partly implied by law,” defendants were to have the use of the horses and were obliged to return them to plaintiff in as good ord’er and condition as they were at the time they were so delivered to defendants and to pay…
2Cases cited5 opinions
- Goodfellow's Executors v. MeeganSupreme Court of Missouri · 1862
- Arnot v. BranconierMissouri Court of Appeals · 1883
- Jones v. DurhamMissouri Court of Appeals · 1902
- Cartlich v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Rutledge & Kilpatrick Realty Co. v. GartsideMissouri Court of Appeals · 1908
3Cited by5 opinions
- Cornett v. Chicago & Alton RailroadMissouri Court of Appeals · 1911
- Raybourn v. PhillipsMissouri Court of Appeals · 1911
- Dunnagan v. BriggsMissouri Court of Appeals · 1913
- Gillfillan v. SchmidtMissouri Court of Appeals · 1912
- State ex rel. State Highway Commission v. McMurtryMissouri Court of Appeals · 1956