Bender v. Weber
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Hon. Chas. C. Allen> Judge. Tbe court erred in refusing tbe instructions offered by defendants in tbe nature of a demurrer to tbe evideuce at the close of plaintiff’s case and at the close of the whole case. Buesching v. Gas Light Co., 6 Mo. App. 85; Larkin v. O’Neil, 119 N. Y. 221; Kean v. Schoening, 103 Mo.
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Appeal from tbe St. Louis City Circuit Court. — Hon. Chas. C. Allen> Judge. Tbe court erred in refusing tbe instructions offered by defendants in tbe nature of a demurrer to tbe evideuce at the close of plaintiff’s case and at the close of the whole case. Buesching v. Gas Light Co., 6 Mo. App. 85; Larkin v. O’Neil, 119 N. Y. 221; Kean v. Schoening, 103 Mo. App. 77. The court erred in refusing to correct or rebuke plaintiff’s counsel, while making the closing argument to the jury, for exhibiting to the jury photograph No. 3 (taken after the accident) and saying, “are there in this picture,…
1Dissent
REYNOLDS, P. J.,
dissenting (after stating the facts). — Probably the case nearest in line with this, so far as the principle of law controlling cases of this kind is concerned, is the case of Buesching v. The St. Louis *548Gaslight Company, referred to and relied upon by counsel for appellants as decided by this court (6 Mo. App. 85), and relied on by counsel for respondent, as decided by our Supreme Court (73 Mo. 219) . When the case was before the Court of Appeals, that court held that the facts in, it raised a presumption of negligence on the part, of the deceased which precluded a recovery.…
2Cases cited4 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Buesching v. St. Louis Gas-Light Co.Missouri Court of Appeals · 1878