Thompson v. Granite Bituminous Paving Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) The action of the court in sustaining plaintiff’s motion for new trial for alleged error in instruction No. 5 was equivalent to overruling the motion as to all other grounds.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) The action of the court in sustaining plaintiff’s motion for new trial for alleged error in instruction No. 5 was equivalent to overruling the motion as to all other grounds. Bradley v. Reppell, 133 Mo. 545; Ittner v. Hughes, 133 Mo. 679. (2) Where, as here, the plaintiff was not entitled to recover at all, the order granting a new trial should be set aside and the verdict and judgment in favor of the defendants reinstated. Grain Co. v. Railroad, 177 Mo. App. 194. (3) Plaintiff not being in possession…
1Opinion of the CourtAllen, J.
The petition herein alleges that plaintiff is, and at all times mentioned in the petition was, the owner of a certain tract of ground in the city of St. Louis, consisting of certain lots, with the exception of “that portion of said lots which is contained in a certain public street known as Northland avenue,” which now extends through the original tract, and excepting two public alleys extending through the same; “that defendants, through their agents and servants, between April 25, 1914, and August 6, 1914, without the knowledge or consent of plaintiff, caused to be dumped and laid upon said…
2Cases cited19 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Cohen v. KylerSupreme Court of Missouri · 1858
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- St. Louis Trust Co. v. BambrickSupreme Court of Missouri · 1899
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3Cited by9 opinions
- Bastas v. McCurdyMissouri Court of Appeals · 1954
- Misch v. CB Contracting CompanyMissouri Court of Appeals · 1965
- City of St. Charles v. De SherliaMissouri Court of Appeals · 1957
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
- Motchan v. STL Cablevision, Inc.Missouri Court of Appeals · 1990
4 more not listed; retrieve them via the Exa API.