Jewell v. Excelsior Powder Manufacturing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Clyde Taylor, Special Judge. (1) All the evidence in the case having been offered by respondent, she is bound by the testimony of the witnesses, which is nncontradicted. Claflin v. Dodson, 111 Mo. 195; Bensberg v. Harris, 46 Mo. App. 404; St. Louis v. Kansas Oity, 110 Mo.
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Appeal from Jackson Circuit Court. — Hon. Clyde Taylor, Special Judge. (1) All the evidence in the case having been offered by respondent, she is bound by the testimony of the witnesses, which is nncontradicted. Claflin v. Dodson, 111 Mo. 195; Bensberg v. Harris, 46 Mo. App. 404; St. Louis v. Kansas Oity, 110 Mo. App. 653. (2) The petition alleges that the clothing of respondent’s deceased husband became on fire from an electric switch, and as the evidence only shows that they became on fire from some unidentified one of several possible sources the court properly instructed the jury to find…
1Opinion of the CourtJohnson, J.
Plaintiff, the widow of Lindsey Jewell, sued to recover damages for the death of her husband which, she alleges, was caused by the negligence of defendant. At the conclusion of the introduction of evidence by plaintiff, the jury, in obedience to a peremptory instruction, returned a verdict for defendant. Afterward, the court granted plaintiff a new trial on the ground that the evidence, aided by certain admis*204sions in the answer, made a case to go to the jury. Defendant appealed from the judgment awarding a new trial.
The injury occurred about- eleven o’clock in the forenoon of January 17,…
2Cases cited7 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- State v. Van WyeSupreme Court of Missouri · 1896
- Trigg v. Ozark Land & Lumber Co.Supreme Court of Missouri · 1905
- State ex rel. City of Columbia v. WilderSupreme Court of Missouri · 1906
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3Cited by3 opinions
- Jewell v. Excelsior Powder Manufacturing Co.Missouri Court of Appeals · 1912
- Melcher v. Freehold Investment Co.Missouri Court of Appeals · 1915
- White v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1917