Grainger v. Still
Supreme Court of Missouri
Appeal from Adair Circuit Court . — Hon. Nat. M. Shelton, Judge. . (1) The court erred in giving the peremptory instruction to the jury to find for the defendant. In passing on a demurrer to this evidence, every reasonable deduction to be drawn therefrom' which tends to sustain the cause of action set forth in the petition should he considered as absolutely true.
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Appeal from Adair Circuit Court . — Hon. Nat. M. Shelton, Judge. . (1) The court erred in giving the peremptory instruction to the jury to find for the defendant. In passing on a demurrer to this evidence, every reasonable deduction to be drawn therefrom' which tends to sustain the cause of action set forth in the petition should he considered as absolutely true. Pauck v. Dressed Beef & Provision Co., 159 Mo. 467. (2) As this case was not permitted to go to the jury we must assume they would have found all the facts in plaintiff’s favor that any reasonable view of the evidence would permit.…
1Opinion of the Court
MARSHALL, J. —
This is an action to recover ten thousand dollars damages, for malpractice.
At the close of the plaintiff’s case the court sustained a demurrer to the evidence, the plaintiff stood upon the ruling, the jury returned a verdict for the defendant, and, after proper steps, the plaintiff appealed.
The petition alleges that the plaintiff is a minor, of the age of seven years; that her father is dead, and that she prosecutes this case by her duly appointed guardian; that prior to the twenty-first of September, 1895, she was afflicted with a slight stiffness in her right hip, but it was…
2Cases cited10 opinions
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Wheeler v. BowlesSupreme Court of Missouri · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
- Wheatley Ex Rel. Wheatley v. HeidemanSupreme Court of Iowa · 1960
- Pedigo v. RoseberrySupreme Court of Missouri · 1937
- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
- Swanson v. HoodWashington Supreme Court · 1918
24 more not listed; retrieve them via the Exa API.