Voelker Products Co. v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) It is elementary law in this State that a demurrer to the evidence admits as true every fact and inference that may be reasonably deduced therefrom Strauchon v. Railroad, 232 Mo. 587; Crossett v. Fer-rill, 209 Mo. 704. (2) Unless the only conclusion that can reasonably be drawn from the evidence is that the plaintiff was guilty of contributory negligence, a demurrer to the evidence should be…
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) It is elementary law in this State that a demurrer to the evidence admits as true every fact and inference that may be reasonably deduced therefrom Strauchon v. Railroad, 232 Mo. 587; Crossett v. Fer-rill, 209 Mo. 704. (2) Unless the only conclusion that can reasonably be drawn from the evidence is that the plaintiff was guilty of contributory negligence, a demurrer to the evidence should be overruled. It is only when the evidence is such that there can reasonably be no two opinions on the subject that the court…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the alleged negligence of defendant in running its street car against plaintiff’s automobile truck. The court peremptorily directed a verdict for defendant and plaintiff prosecutes the appeal.
The specifications of negligence relied upon in the petition are two in number — first, that the defendant operated its street car in violation of the Speed Ordinance prescribing fifteen miles an hour as the limit at the point of collision; and, second, that it omitted to sound an alarm as by ringing the gong attached to the car, required by another…
2Cases cited7 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- McCreery v. United Railways Co.Supreme Court of Missouri · 1909
- Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Henderson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Swigart v. LuskMissouri Court of Appeals · 1917
- Keeney v. WellsMissouri Court of Appeals · 1924