Dodson v. Clark

When this cause was here before (38 Mo. App. 150), we found error in that the circuit court peremptorily instructed for the defendant,-whereas the evidence tended to establish such facts as would' warrant a verdict for the plaintiff. On a retrial in the eourt below a verdict and judgment was had in defendant’s favor, and plaintiff again appeals to this court.

I. Our opinion now will be merely supplemental to what was said when the case was here on the first appeal. The law applicable to cases of this kind is found in sections 7094 and 7095, Revised Statutes, 1889, or sections 3311 and 3312,…