State ex rel. Baumunk v. Goetz
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) In reviewing a demurrer to evidence, plaintiff should have the benefit of the most favorable view of his case that the evidence warrants, and every reasonable inference therefrom. Larson v. Railroad, 110 Mo. 238; Alcorn v. Railroad, 108 Mo. 81; Buck v. Railroad, 108 Mo. 179. (2) And where the petition is sufficient, and the evidence tends to prove its averments, a case is made for the jury.
Read the full summary
Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) In reviewing a demurrer to evidence, plaintiff should have the benefit of the most favorable view of his case that the evidence warrants, and every reasonable inference therefrom. Larson v. Railroad, 110 Mo. 238; Alcorn v. Railroad, 108 Mo. 81; Buck v. Railroad, 108 Mo. 179. (2) And where the petition is sufficient, and the evidence tends to prove its averments, a case is made for the jury. Burger v. Railroad, 112 Mo. 238; Gutridge v. Railroad, 105 Mo. 520. (3) Or where the plaintiff’s evidence shows a prima facie right…
1Opinion of the CourtBurgess, J.
On July 25, 1893, and for sometime prior thereto, one Michael Kraemer was engaged in the business of constructing cement and granitoid sidewalks in the city of St. Louis. He then owned and had in his possession and employed in his business, a number of wagons, buggies, horses, harness, and a variety of tools necessary for its operation, as well also as cement, granitoid, and sand. In front of his place of business there was a sign, “German Cement Company.”
■ On the afternoon of the twenty-seventh day of July, 1893, the sheriff of the city of St. Louis, under writ of attachment sued out in aid…
2Cases cited6 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Wright v. McCormickSupreme Court of Missouri · 1878
- Stewart v. NelsonSupreme Court of Missouri · 1883
- Lesem v. Herriford & LowrySupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Burke v. SharpSupreme Court of Arkansas · 1908
- Chitwood v. Lanyon Zinc Co.Missouri Court of Appeals · 1902
- Revercomb ex rel. Swift v. DukerMissouri Court of Appeals · 1898
- State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.