Legal Opinion

O'Donnell v. United Railways Co.

Missouri Court of Appeals

Decided January 3, 1911PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuilUn, Judge. (1) The court erred in overruling defendant’s challenge for cause of jurors on their voir dire for the reason that they had served on a jury within twelve months next preceding the date of trial R. S., 1899, sec. 6547; Williamson v.-Transit Co., 202 Mo. 365. (2) The verdict of the jury is against the evidence and physical facts and the result of passion and prejudice. Lehwick v. Railroad, 118 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuilUn, Judge. (1) The court erred in overruling defendant’s challenge for cause of jurors on their voir dire for the reason that they had served on a jury within twelve months next preceding the date of trial R. S., 1899, sec. 6547; Williamson v.-Transit Co., 202 Mo. 365. (2) The verdict of the jury is against the evidence and physical facts and the result of passion and prejudice. Lehwick v. Railroad, 118 Mo. App. 611; Zalotuchin v. Railroad, 127 Mo. App. 577. (3) Plaintiff’s instruction No. 14'is erroneous in that it fails to limit…

1Opinion of the CourtNixon, P. J.

(after stating the facts as above).— I. The first assignment of error made by the appellant is' that the court erred in overruling appellant’s challenges for cause of jurors on their roir dire for the reason that they had served on a jury within twelve months next- preceding the date of the trial. The question involved in this assignment of error has received an authoritative determination by this court in the recent case of Paula F. Blyston-Spencer, respondent, v. United Railways Company of St. Louis, appellant, decided at this term. On • the review of the authorities and the statutes, we…

2Cases cited9 opinions

  1. Curtis v. McNairSupreme Court of Missouri · 1903
  2. McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
  3. Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
  4. Smoot v. Kansas CitySupreme Court of Missouri · 1906
  5. Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910

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3Cited by1 opinion

  1. Campbell v. City of ChillicotheMissouri Court of Appeals · 1914

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