Troll v. Protected Home Circle
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Moses N. Sale, Judge. When the plaintiff has made out a prima facie case, although the defendant may introduce evidence which entirely overthrows and disproves the prima facie.case of the plaintiff, the trial court cannot say, as a matter of law, that it is so overthrown, and direct a verdict for the defendant. The credibility of the witnesses and the weight of the evidence are peculiarly matters for the jury.
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Appeal from St. Louis City Circuit Court. — lion. Moses N. Sale, Judge. When the plaintiff has made out a prima facie case, although the defendant may introduce evidence which entirely overthrows and disproves the prima facie.case of the plaintiff, the trial court cannot say, as a matter of law, that it is so overthrown, and direct a verdict for the defendant. The credibility of the witnesses and the weight of the evidence are peculiarly matters for the jury. The plaintiff is entitled to have the judgment of the jury on the credibility of the witnesses produced by defendant, and the value of…
1Opinion of the CourtCaulfield, J.
Suit on a benefit certificate for one thousand dollars issued by the defendant, a fraternal beneficiary association. The plaintiffs appeal from a judgment entered on a directed verdict for the defendant, assigning as error the trial court’s action in peremptorily instructing the jury, at the close of all the evidence, to return a verdict for the defendant.
There is no necessity for reciting the evidence in support of the plaintiffs’ petition. It is conceded that such evidence made a prima facie case for plaintiffs and that defendant was put to its affirmative defense. This defense was that the…
2Cases cited9 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Mowry v. NormanSupreme Court of Missouri · 1907
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Milliken v. Thyson Commission Co.Supreme Court of Missouri · 1907
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3Cited by5 opinions
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Castens v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
- Holtzman v. HoltzmanMissouri Court of Appeals · 1955
- Keily v. Knights of Father MatthewMissouri Court of Appeals · 1913
- Van Loon v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1913