Woodward v. Donnell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. Gf. Reynolds, Judge. (1) Where there is no evidence tending to prove the constitutive facts set up by the p'arty who sustains the burden of proof, the court is hound on request to direct the jury to return a verdict for the opposite party. 2 Thompson on Trials (1889 Ed.), sec. 2245; McQuillin on Instructions to Juries in Missouri Civil Oases, sec.* 168; Russell v. Barcroft, 1 Mo. 663; Rucker v. Eddings, 7 Mo. 116; Harris…
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Appeal from St. Louis City Circuit Court. — Eon. Matt. Gf. Reynolds, Judge. (1) Where there is no evidence tending to prove the constitutive facts set up by the p'arty who sustains the burden of proof, the court is hound on request to direct the jury to return a verdict for the opposite party. 2 Thompson on Trials (1889 Ed.), sec. 2245; McQuillin on Instructions to Juries in Missouri Civil Oases, sec.* 168; Russell v. Barcroft, 1 Mo. 663; Rucker v. Eddings, 7 Mo. 116; Harris v. Woody, 9 Mo. 114; Lee y. David, 11 Mo. 114; Clark’s Adm’x v. Railroad, 36 Mo. 203; Boland v. Railroad, 36 Mo. 484;…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— As will be noted in the statement of the case, this is an action for the value of services rendered. The only ■evidence introduced as to the value of the services was the fact that before entering into the employ of the defendant, the young man, son of the plaintiff, had been receiving thirty-five dollars a month as an assistant in an electrical supply or equipment company, and after he quit the employment of defendant he had been receiving from ten to fourteen dollars a week. It is argued by counsel for the respondent that this evidence was sufficient to show the…
2Cases cited6 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Cobb v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1899
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3Cited by5 opinions
- Bilby v. GibsonSupreme Court of Oklahoma · 1928
- Seelig v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1921
- Winch v. WarnerAppellate Division of the Supreme Court of the State of New York · 1919
- Spurgeon v. Mission State BankDistrict Court, W.D. Missouri · 1943
- Van Zandt v. St. Louis Wholesale Grocer Co.Missouri Court of Appeals · 1916