Taussig v. St. Louis & Kirkwood Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court . — Eon. Jno. W. McEZhinney, Judge. . (1) Plaintiff should have been nonsuited. Pew v. Bank, 130 Mass. 396; Boston v. Dist. of Col., 19 Ct. of Claims 157; Scudder v. Ames, 89 Mo. 510; Guenther v. Birkicht’s Admr., 22 Mo. 445'. At least the verdict is so strong against the evidence as to raise a presumption of prejudice or disregard of the instructions on the part of the jury.
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Appeal from St. Louis County Circuit Court . — Eon. Jno. W. McEZhinney, Judge. . (1) Plaintiff should have been nonsuited. Pew v. Bank, 130 Mass. 396; Boston v. Dist. of Col., 19 Ct. of Claims 157; Scudder v. Ames, 89 Mo. 510; Guenther v. Birkicht’s Admr., 22 Mo. 445'. At least the verdict is so strong against the evidence as to raise a presumption of prejudice or disregard of the instructions on the part of the jury. Spohn v. Railroad, 87 Mo. 84; Spiro v. Railroad, 76 S. W. 689. (2) Instruction 1 was erroneous in itself and is inconsistent with 6. Cheeney v. Railroad, 68 111. 575; Adlets v.…
1Opinion of the CourtBrace, P. J.
— This is an appeal from a judgment of the St. Louis County Circuit Court in favor of the plaintiff against the defendant for the sum of $4,500 in an action instituted in the St. Louis City Circuit Court and taken thence to the circuit court of St. Louis county by change of venue.
The petition is as follows:
“The plaintiff for his petition states that he was at all the times herein mentioned an attorney at law; that defendant was at all the times herein mentioned and still is a corporation under the laws of Missouri. That the plaintiff, at the special instance and request ■of defendant, did,…
2Cases cited11 opinions
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Smoot v. JuddSupreme Court of Missouri · 1904
- Gordon v. BurrisSupreme Court of Missouri · 1899
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Keaton v. JorndtSupreme Court of Missouri · 1914
- Vogeler v. PunchSupreme Court of Missouri · 1907
- Bishop v. Musick Plating WorksMissouri Court of Appeals · 1928
- Cornwall v. Star Bottling Co.Missouri Court of Appeals · 1907
- Mound City Engraving Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.