Landrum v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». Howard Gray, Judge. (1) The court should have given the peremptory instruction at the close of all of the evidence. Nugent v. Milling Co., 131 Mo. 252; Deane v.- Transit Co., 192 Mo. 584; Gurley v. Railroad, 104 Mo. 233; McLachlin y. Faker, 64 Mo. App. 511; Railroad 'v. Collier, 157 Fed. 347. (2) An examination of the testimony in this case will clearly show that the verdict of the jury is against the weight of the evidence.
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Appeal from Jasper Circuit Court. — No». Howard Gray, Judge. (1) The court should have given the peremptory instruction at the close of all of the evidence. Nugent v. Milling Co., 131 Mo. 252; Deane v.- Transit Co., 192 Mo. 584; Gurley v. Railroad, 104 Mo. 233; McLachlin y. Faker, 64 Mo. App. 511; Railroad 'v. Collier, 157 Fed. 347. (2) An examination of the testimony in this case will clearly show that the verdict of the jury is against the weight of the evidence. The trial court should, therefore, have set aside the verdict and granted a new trial; and the failure to do so constitutes error…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages for the alleged negligent act of defendant’s employee whereby she was greatly injured. It appears from her testimony that in November, 1905, at night, she went upon defendant’s platform at Aurora, Missouri, to take passage on defendant’s cars, that she hurriedly walked along until she came near the cars then at the station and about to depart when she was struck on her hip by a heavily loaded truck Avhich was shoved against her without any Avaming of its approach, Avhereby she was knocked to the platform and as she attempted to rise she threw out her…
2Cases cited5 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Hooper v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- O'Leary v. Kansas CityMissouri Court of Appeals · 1907