Davis v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Vernon Circuit Court — Hoy. H. G. Timmonds, Judge. (1) Where the positive unimpeached testimony of eye-witnesses is sustained by the physical facts -and there is no substantial evidence to the contrary, the case should be withdrawn from the jury. Bank v. Bank, 151 Mo. 320; Kornfeld v. Supreme Lodge, 72 Mo.
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Appeal from Vernon Circuit Court — Hoy. H. G. Timmonds, Judge. (1) Where the positive unimpeached testimony of eye-witnesses is sustained by the physical facts -and there is no substantial evidence to the contrary, the case should be withdrawn from the jury. Bank v. Bank, 151 Mo. 320; Kornfeld v. Supreme Lodge, 72 Mo. App. 604; Jackson v. Hardin, 183 Mo. 175; Reichenbach v. Bllerbe, 115 Mo. 588; Fulbright v. Perry Co., 145 Mo. 433; Sehr v. Lindemann, 153 Mo. 276; Schierbaum v. Schemme, 157 Mo. 1; May v. Crawford, 150 Mo. 504. (2) A party who seeks and provokes a difficulty can not set up the…
1Opinion
OPINION ON MOTION POR REHEARING.
ELLISON, J.
In support of a motion for rehearing our attention has for the first time been called to the cases of Harper v. Ins. Co., 18 Mo. 109, and Overton v. Ins. Co. 39 Mo. 122. The foregoing opinion in no way conflicts with those cases. It is true that Judge Scott, because of the clause in that policy (not found in the one in controversy) viz., “if the party .shall die by the hands' of justice,” remarked that such words showed that the parties meant by the succeeding words, “in the known violation of any law,” that the policy would not be avoided unless the…
2Cases cited2 opinions
- Overton v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1866
- Harper's v. Phœnix InsuranceSupreme Court of Missouri · 1853