Kenney v. Kansas City
Missouri Court of Appeals
Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. Where the evidence in support of plaintiffs case isj if believed, sufficient to make out his case, and is clear, consistent with itself, delivered by unimpeached witnesses, and no circumstance is developed tending to cast suspicion upon it, and no substantial countervailing evidence by the other party, if the jury nevertheless disregard it and return a verdict against it, it will be the duty of the,…
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Appeal from the McDonald Circuit Court. — Hon. J. C. Lamson, Judge. Where the evidence in support of plaintiffs case isj if believed, sufficient to make out his case, and is clear, consistent with itself, delivered by unimpeached witnesses, and no circumstance is developed tending to cast suspicion upon it, and no substantial countervailing evidence by the other party, if the jury nevertheless disregard it and return a verdict against it, it will be the duty of the, appellate court to set it aside, as being the result of manifest mistake. Lionberger v. Pohlman, 16 Mo.App. 392; Rottmann…
1Opinion of the CourtBland, P. J.
This suit originated in a justice’s court; the demand relied on in the circuit court for a recovery is in *206four counts; each one is for the value of stock killed by-being run upon by defendant’s train within its switch line at Madge, an unincorporated village on the line of defendant’s road in the county of McDonald, which switch limits plaintiff ■alleges the defendant negligently failed to fence. The issues were submitted to a jury, who returned the following verdict, to wit: “We, the jury, find for the defendant upon all of the •causes of action contained in his statement.” On this verdict a…
2Cases cited5 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Provo Manufacturing Co. v. SeveranceMissouri Court of Appeals · 1892
- Utassy v. GiedinghagenSupreme Court of Missouri · 1895
3Cited by2 opinions
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1906