Farber v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in sustaining the plaintiff’s motion for a new trial on the ground that the instructions given were erroneous. Candee v. Railroad, 31 8. W. Rep. 1032; Miller v. Car Co., 31 S. W. Rep. 574; R. S. 1889, sec. 2241; Sess.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in sustaining the plaintiff’s motion for a new trial on the ground that the instructions given were erroneous. Candee v. Railroad, 31 8. W. Rep. 1032; Miller v. Car Co., 31 S. W. Rep. 574; R. S. 1889, sec. 2241; Sess. Acts 1891, p. 70'; Tetheroio v. Railroad, 98 Mo. 85; Tomlinson v. Ellison, 104 Mo. 112; McClanahan v. West, 100 Mo. 322; Green v. City, 106 Mo. 454. (2) As to the instructions given for plaintiff, they were well enough; but, had they not been so, plaintiff could not have complained of…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order granting a new trial from a verdict in favor of defend*277ant. The order sustaining plaintiff's motion for a new trial is as follows: “The court having fully considered the motion for a new trial * * * doth sustain the same on the grounds that there was error in the instructions given to the jury,” and “doth order the judgment set aside.”
This is an action by the father for injuries received by his son who, he alleges, was wrongfully expelled from one of defendant’s freight trains. Save in one material respect, the facts are the same as were developed on the son’s…
2Cases cited9 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State v. MartinSupreme Court of Missouri · 1894
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Fair Mercantile Co. v. St. Paul Fire & Marine InsuranceMissouri Court of Appeals · 1943
- Mettetal v. HallMichigan Supreme Court · 1939
- Blumenfeld v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1921
- Fink v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.