Emmons v. Quade
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Sim. Roland Hughes, Special Judge. Tlae only proposition presented in this case is as to whether, or not the court was right in granting a new trial for any error in the giving of instruction 5 for and on behalf of the defendants.
Read the full summary
Appeal from Jackson Circuit Court. — Sim. Roland Hughes, Special Judge. Tlae only proposition presented in this case is as to whether, or not the court was right in granting a new trial for any error in the giving of instruction 5 for and on behalf of the defendants. This is the sole ground upon which the motion for a' new trial was granted, and we contend that the court was wrong ia granting a new trial for this reason, and that the judgment of the lower court must be reversed and the court directed to enter judgment for the defendants. The first count of plaintiff’s petition was based upon…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the circuit court of Jackson county, granting plaintiff a new trial. The action is for damages for personal injuries. The plaintiff is a boy about twelve years old, rather small for his years.
Just prior to the trespass to his person, of which he complains, he had gone with some other boys into an empty box car standing in the yards of the Kansas City Milling Company to gather up the wheat left therein when unloaded. While other boys had been in the habit of going into these empty cars and gleaning the loose wheat and corn left therein, this was plaintiff’s…
2Cases cited9 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Gray v. McDonaldSupreme Court of Missouri · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Tipsword v. PotterIdaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.