Legal Opinion

Scullin v. Wabash Railroad

Supreme Court of Missouri

Decided December 12, 1905No. 2PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. The purpose of the statute in allowing appeals from orders granting motions for new trial was to avoid the trouble, expense and delay of unnecessary retrials. Crawford v. Railroad, 171 Mo. 68; Haven v. Railroad, 155 Mo. 216; Cortney v. Railroad, 151 Mo. 35; Candee v. Railroad, 130 Mo. 154; Ess v. Griffith, 128 Mo. 591; Stoddard v. Railroad, 105 Mo. App. 512; Richardson v. Drug Co., 92 Mo.

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Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. The purpose of the statute in allowing appeals from orders granting motions for new trial was to avoid the trouble, expense and delay of unnecessary retrials. Crawford v. Railroad, 171 Mo. 68; Haven v. Railroad, 155 Mo. 216; Cortney v. Railroad, 151 Mo. 35; Candee v. Railroad, 130 Mo. 154; Ess v. Griffith, 128 Mo. 591; Stoddard v. Railroad, 105 Mo. App. 512; Richardson v. Drug Co., 92 Mo. App. 515. (1) There is no statute under which the allowance here asked for could be made. There are but three eases in which interest is…

1Opinion of the CourtBurgess, P. J.

On the 17th day of March, 1900, plaintiff-appellant recovered a verdict and judgment against the defendant in the circuit court of the city of St. Louis for the sum of twenty thousand dollars for injuries alleged to have been sustained by him by reason of the negligence of defendant. Thereafter, on the 7th day of July, 1900, on motion of defendant, the verdict and judgment were set aside and a new trial granted. Plaintiff excepted, and in due time filed his affidavit for an appeal.

At the April term, 1904, of the Supreme Court, the judgment granting a new trial was reversed'and the cause…

2Cases cited2 opinions

  1. Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
  2. Stoddard v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1904

3Cited by6 opinions

  1. Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
  2. Reimers v. Frank B. Connet Lumber CompanySupreme Court of Missouri · 1954
  3. Hewitt v. General Tire and Rubber CompanyUtah Supreme Court · 1956
  4. Hoelzel v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1937
  5. Malcolmson v. Goodhue County National BankSupreme Court of Minnesota · 1937

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