Byerly v. Consolidated Light, Power & Ice Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. It has been the settled law of this State since the case of Buesching v. St. Louis, etc., Co.,. 73 Mo. 219, decided in 1880, that a demurrer to evidence admits not only facts tesitfied to by witnesses, but all of the facts which the evidence tends to prove, etc. Montgomery v. Railroadj 181 Mo. 504; Moore v. Transit Co., 95 Mo.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. It has been the settled law of this State since the case of Buesching v. St. Louis, etc., Co.,. 73 Mo. 219, decided in 1880, that a demurrer to evidence admits not only facts tesitfied to by witnesses, but all of the facts which the evidence tends to prove, etc. Montgomery v. Railroadj 181 Mo. 504; Moore v. Transit Co., 95 Mo. App. 728; Berry v. Railroad, 124 Mo. 245; Holloway v. Kansas City, 184 Mo. 29; Toohey v. Fruin, 96 Mo. 110; M'orrel v. Car Co., 98 Mo. App. 356; Myers v. Transit Co., 99 Mo. App. 369; Brooks v. Railroad, 98…
1Opinion of the CourtJohnson, J.
Plaintiff, the widow of Williard E. Byerly, deceased, alleges in her petition that the death of her husband was caused by the negligence of. defendant in maintaining wires carrying electric currents of high power in dangerous proximity to the place where her husband was required to work. At the conclusion of the introduction of plaintiff’s evidence, the court gave the jury an instruction peremptorily directing a verdict for defendant, whereupon plaintiff took a nonsuit with leave to move to set the same aside and, in due course of procedure, brought the case here by appeal.
At the time of his…
2Cases cited7 opinions
- McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Trigg v. Ozark Land & Lumber Co.Supreme Court of Missouri · 1905
- Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Texas Pac. Fidelity & Surety Co. v. HallCourt of Appeals of Texas · 1937
- Hill v. Carolina Power & Light Co.Supreme Court of South Carolina · 1943
- Lebow v. Missouri Public Service CompanySupreme Court of Missouri · 1954
29 more not listed; retrieve them via the Exa API.