Rosecrans v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Ben. E. Tubneb, Judge. Under all tlie circumstances the court should have instructed the jury to return a verdict for defendant.
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Appeal from Clark Circuit Court. — Hon. Ben. E. Tubneb, Judge. Under all tlie circumstances the court should have instructed the jury to return a verdict for defendant. Henze v. Railroad Co., 71 Mo. 639; Whar. on Ev., § 415; Pierce on Railroads, 292, 320, 322; Rudolph v. Lane, 57 Ind. 115; Sacket on Inst. to Juries 33; Tucker v. Duncan, 14 C. L. Jour. 14; Morgan v. Durfee, 69 Mo. 476; Thompson on Charging Jury 44, 45; Railroad v. Gretzer, 46 Ill. 82; Com'rs. v. Clark, 94 U. S. 284; Railroad v. Stumps, 55 Ill. 367; Seibert v. Railroad Co., 49 Barb. 583; Lafferty v. Railroad Co., 44 Mo. 291;.…
1Opinion of the CourtNorton, J.
This case is before ns on defendant’s appeal from a judgment rendered for plaintiff by the circuit court of Clark county for the alleged killing by defendant of three of plaintiff’s horses, and crippling a fourth one.
We are asked to reverse the judgment on the ground *680that the verdict is against the evidence. It has been held by this court so repeatedly that where there is evidence upon which the verdict oí the jury may stand, that this court will not interfere upon the ground that it is against the weight of evidence, unless the evidence so preponderates against the finding as to show that it…
2Cases cited2 opinions
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
- Steamboat City v. MatthewsSupreme Court of Missouri · 1859
3Cited by6 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Cook v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1890
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