Fillingham v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. (1) Defendant was entitled to judgment on the statement -of facts made by plaintiff’s counsel in opening his case to the jury. In such cases it is the duty of the court to stop further proceedings and enter up judgment for the defendant, without waiting for plaintiff to introduce proof in support of his counsel’s confession that he had no cause of action.
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Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. (1) Defendant was entitled to judgment on the statement -of facts made by plaintiff’s counsel in opening his case to the jury. In such cases it is the duty of the court to stop further proceedings and enter up judgment for the defendant, without waiting for plaintiff to introduce proof in support of his counsel’s confession that he had no cause of action. Oscanyan v. Arms Co., 103 U. S. 261; Butler v. National Home, 144 U. S. 65; Pratt v. Conway. 148' Mo. 291. (2) The circuit court erred in refusing defendant’s…
1Opinion of the CourtGoode, J.
1. The point is made in this case, which is one to recover damages for personal injuries, that the petition is fatally defective in failing to show any connection between the negligence charged against the defendant and the injuries to the plaintiff. To deal with that point a synopsis of the petition will be given. After charging that the defendant owns and operates an electric railway in the city of St. Louis and northwardly therefrom through St. Louis county to Creve Coeur lake, the petition states that the plaintiff was heretofore a passenger on one of the defendant’s cars traveling over…
2Cases cited47 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
42 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Wilkey v. StateSupreme Court of Alabama · 1939
- S. S. Kresge Co. v. McCallionCourt of Appeals for the Eighth Circuit · 1932
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
33 more not listed; retrieve them via the Exa API.