Madinger v. St. Joseph Railway, Light, Heat & Power Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. O. A. Mos-man, Judge. (1) A demurrer to the evidence admits every fact which the jurors might infer if the evidence was before them and should be sustained only when the evidence fails to. make pi’oof of some essential averment.
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Appeal from Buchanan Circuit Court. — Eon. O. A. Mos-man, Judge. (1) A demurrer to the evidence admits every fact which the jurors might infer if the evidence was before them and should be sustained only when the evidence fails to. make pi’oof of some essential averment. Bine v. Railroad, 100 Mo. 228; Bender v. Railroad, 137 Mo. 240; Franke v. City of St. Louis, 110 Mo. 516. (2) It being in the province of the jury to determine questions which are at issue in a case, the court erred in sustaining defendant’s demurrer to the evidence. Penny v. Railroad, 71 Mo. App. 577; Klockenbrink v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s action is to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant in operating one of its street cars in the city of St. Joseph. He was struck by one of defendant’s cars at the intersec tion of Jules and Sixteenth streets in said city. Jules *456street' extends east and west through the city on which defendant operates a doable track street railway. The east bound cars travel on the south track and the west on the north track. Jules street intersects Sixteenth street. From Sixteenth street at the intersection east to Eighteenth…
2Cases cited3 opinions
- Crenshaw v. LookerSupreme Court of Missouri · 1904
- Hebeler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Asphalt & Granitoid Construction Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903