Koegel v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.— Hon. W. K. James, Judge. (1) There was no evidence that the Missouri Pacific train struck plaintiff. (2) There was no proof that the bell was not ringing on the Missouri Pacific engine. (3) The rule is that affirmative evidence of the kind given for defendant can not be and is not impaired or affected in any degree by such negative evidence as that introduced by plaintiff.
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Appeal from Buchanan Circuit Court.— Hon. W. K. James, Judge. (1) There was no evidence that the Missouri Pacific train struck plaintiff. (2) There was no proof that the bell was not ringing on the Missouri Pacific engine. (3) The rule is that affirmative evidence of the kind given for defendant can not be and is not impaired or affected in any degree by such negative evidence as that introduced by plaintiff. Henzs v. Railroad, 71 Mo. 638; Shaw v. Railroad, 104 Mo. 657; Sanders v. Railroad, 147 Mo. 424; May v. Crawford, 150 Mo. 527; Seibert v. Railroad, 49 Barb. 586; Culhane v. Railroad, 60…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the circuit court of Buchanan county granting the plaintiff a new trial.
The action is one for damages for personal injuries alleged to have been caused to plaintiff by the negligence of defendant.
The cause was tried at the February term, 1901. A jury was impaneled, and at the close of all the evidence the circuit court gave a peremptory instruction directing the jury to find for the defendant. WThereupon plaintiff took a nonsuit with leave to move to set the same aside, and thereafter filed his motion for a new trial, which the court sustained on the ground…
2Cases cited4 opinions
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Fiedler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Hyde v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
3Cited by2 opinions
- Evansville & Southern Indiana Traction Co. v. SpiegelIndiana Court of Appeals · 1911
- Lewis v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1905