Kellny v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, interposed at the close of plaintiff’s evidence in chief. Spiva v. Coal Co., 88 Mo. 73, and authorities cited under second point. (2) The court erred in overruling defendant’s motion for a new trial for the reason that the evidence does not support, but is contrary to, the verdict.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, interposed at the close of plaintiff’s evidence in chief. Spiva v. Coal Co., 88 Mo. 73, and authorities cited under second point. (2) The court erred in overruling defendant’s motion for a new trial for the reason that the evidence does not support, but is contrary to, the verdict. State v. Hunt, 91 Mo. 490 ; Powell v. Railroad, 76 Mo. 82 ; MatJiieson v. Mayer, 90 Mo. 585 ; Stepp v. Railroad,, 85 Mo. 233; Braxton v. Railroad, 77 Mo. 458 \ Kendrick v.…
1Opinion of the CourtBrace, J.
Action for damages for personal injuries ; verdict and judgment for plaintiff for five thousand dollars. Defendant appeals.
The petition charged negligence in defendant’s employes in managing and operating the train, which caused, the injury, specifying failure to ring the bell and running at a greater rate of speed than six miles an hour, in violation of city ordinance. On the first act of alleged negligence no evidence was given. The answer was general denial, and a plea of contributory negligence.
The accident happened in the city of St. Louis on the levee between Christy avenue and Morgan…
2Cases cited5 opinions
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Meyer v. Pacific RailroadSupreme Court of Missouri · 1867
- Smith v. Union Railway Co.Supreme Court of Missouri · 1876
3Cited by67 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
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