McCready v. Stepp
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Root. J. T. Neville, Judge. (1) Where there is no evidence of a fact, or no evidence from which a jury can legitimately infer its existence, and the existence of such fact is vital to the case, the court should take the case from the jury, and not allow the jury to infer its existence without evidence.
Read the full summary
Appeal from Greene Circuit Court. — Root. J. T. Neville, Judge. (1) Where there is no evidence of a fact, or no evidence from which a jury can legitimately infer its existence, and the existence of such fact is vital to the case, the court should take the case from the jury, and not allow the jury to infer its existence without evidence. O ’Mally v. Railroad, 113 Mo. 319. The mere proof that an injury has happened, does not authorize submitting the question of negligence to a jury. Murphy v. Railroad, 115 Mo. Ill; Yarnell v. Railroad, 113 Mo. 570. The dangerous character of the horse, and…
1Opinion of the CourtReyburn, J.
(after stating the facts as above.)— A general charge of error is made against the action of the trial court in giving and refusing instructions; but no specific error is assigned, and the single comprehensive instruction given, presented and embraced the various features of the case, fairly submitted the issues to the jury if the evidence warranted such submission, which will be later considered, and is unobjectionable. The controlling element of the case involves the proposition, whether, under the evidence, the case should have been permitted to go to the jury, or whether the instruction…
2Cases cited3 opinions
- George H. Hammond Co. v. JohnsonNebraska Supreme Court · 1893
- McGarry v. New York & H. R.The Superior Court of the City of New York and Buffalo · 1892
- Leigh v. Omaha Street Railway Co.Nebraska Supreme Court · 1893
3Cited by6 opinions
- Warner v. Oriel Glass CompanySupreme Court of Missouri · 1928
- Stutzke v. Consumers Ice & Fuel Co.Missouri Court of Appeals · 1911
- Butts v. HoustonWest Virginia Supreme Court · 1915
- Jackson Hill Coal Co. v. Van HentenryckIndiana Court of Appeals · 1918
- Turner v. Richmond & Rappahannock River Railway Co.Court of Appeals of Virginia · 1917
1 more not listed; retrieve them via the Exa API.