Miller v. Woolman-Todd Boot & Shoe Co.
Missouri Court of Appeals
■Appeal from tlie St. Louis Circuit Court, George W. Lubke, Judge. “Burden of proving” is a technical phrase, and, unexplained, would mislead the jury, and they may have interpreted it as meaning that if there was any evidence for the plaintiff contra, then the defendant had not fulfilled the requirements of the law in that regard, as stated by the court. “Preponderance of evidence,” condemned. Clarice r>. Kitchen, 52 Mo. 316. 11 Prima facie,” condemned.
Read the full summary
■Appeal from tlie St. Louis Circuit Court, George W. Lubke, Judge. “Burden of proving” is a technical phrase, and, unexplained, would mislead the jury, and they may have interpreted it as meaning that if there was any evidence for the plaintiff contra, then the defendant had not fulfilled the requirements of the law in that regard, as stated by the court. “Preponderance of evidence,” condemned. Clarice r>. Kitchen, 52 Mo. 316. 11 Prima facie,” condemned. Chappel v. Allen, 38 Mo. 222. “Assigned” used instead of “endorsed” may mislead the jury. Bank u. Lonergarús Adm’r, 21.Mo. 50. “Had good…
1Opinion of the CourtRombauer, J.
This is an action, by an employee to recover damages caused to him by a wrongful discharge. The facts, that the plaintiff was employed by the defendant, as a traveling salesman, for the year 1886, and was discharged by it, from such service, without his consent, at the close of April, 1886, are admitted. The only controversy between the parties is, whether or no such discharge is wrongful, and if so, whether the damages, recovered by the plaintiff, are excessive.
The defendant, in its answer, denied that it had wrongfully discharged the plaintiff, and justified the discharge in the following…
Also in this document: Concurrence.
2Cases cited6 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- Berry v. WilsonSupreme Court of Missouri · 1876
- Clarke v. KitchenSupreme Court of Missouri · 1873
- Koenigkraemer v. Missouri Glass Co.Missouri Court of Appeals · 1887
- Squire v. WrightMissouri Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
- Davis v. DodgeAppellate Division of the Supreme Court of the State of New York · 1908
- Halsey v. MeinrathMissouri Court of Appeals · 1893
- William E. Peck & Co. v. Kansas City Metal Roofing & Corrugating Co.Missouri Court of Appeals · 1902
9 more not listed; retrieve them via the Exa API.