Swearingen v. Wabash Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. W. B. Teasdale, Judge. “In passing upon a demurrer to the evidence, the court is required to make every inference of fact in favor of the party offering the evidence, which a jury might, with any degree of propriety, make in his favor; and if, when viewed in this light, it is insufficient to support a verdict in his favor, the demurrer should be sustained.
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Appeal from Jackson Circuit Court. — Eon. W. B. Teasdale, Judge. “In passing upon a demurrer to the evidence, the court is required to make every inference of fact in favor of the party offering the evidence, which a jury might, with any degree of propriety, make in his favor; and if, when viewed in this light, it is insufficient to support a verdict in his favor, the demurrer should be sustained. But the court is not at liberty to make inferences of fact in favor of the demurrant to countervail or overthrow either presumptions of law or inference of fact in favor of the other party.”…
1Opinion of the CourtFox, J.
The plaintiff, the widow of Charles M. Swearingen, deceased, brought this suit in the circuit court of Jackson county, at Kansas City, Missouri, against the defendant railway company and the defendants Crumrine and Drennen, the locomotive engineer and conductor, respectively of said company, for 'five thousand dollars damages, for the death of her husband, which occurred May 5, 1902.
The petition in this cause, among other things, alleges “that one of defendant Wabash Railroad Company’s lines of railroad extends from Kansas City, Jackson county, Missouri, in an easterly direction to St. Louis,…
2Cases cited8 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1893
- State v. LacklandSupreme Court of Missouri · 1896
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3Cited by10 opinions
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Phillips v. Travelers Insurance Co.Supreme Court of Missouri · 1921
- State Ex Rel. Missouri Public Utilities Co. v. CoxSupreme Court of Missouri · 1923
- Perkins v. WilcoxSupreme Court of Missouri · 1922
- Cardinale Ex Rel. Cardinale v. KempSupreme Court of Missouri · 1925
5 more not listed; retrieve them via the Exa API.