Adams v. McCormick Harvesting Machine Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. E. P. Gates, Judge. (1) In passing upon a demurrer to evidence, or a request for a peremptory instruction in favor of the defendant, the court is required to make every inference of facts in favor of the plaintiff which a jury might have made in his favor. The court can make no inference of fact in favor of the defendant nor can the court question the truth of any of plaintiff’s evidence.
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Appeal from Jackson Circuit Court. — Now. E. P. Gates, Judge. (1) In passing upon a demurrer to evidence, or a request for a peremptory instruction in favor of the defendant, the court is required to make every inference of facts in favor of the plaintiff which a jury might have made in his favor. The court can make no inference of fact in favor of the defendant nor can the court question the truth of any of plaintiff’s evidence. A demurrer admits the truth of everything which plaintiff’s testimony conduces to prove, though in a small degree. Brink v. Railway, 17 Mo. App. 194; Herriman v.…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries. The defendant maintains a warehouse in Kansas City, wherein is stored its harvester and binder machines. For several years preceding the date of the injury complained of, the plaintiff had been employed by the defendant in and about its warehouse; and on that day he and two others, Williams and Imes, were engaged in transferring a carload of harvesters and binders into the second story of the defendant’s warehouse, the machines having been taken apart so that they could be conveniently moved and stored away. When so separated said machines were…
2Cases cited28 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
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