Mitchell v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Matt. ' G. Reynolds, Judge. The demurrer to plaintiff’s evidence offered at the close of his case in chief should have been sustained. Galbraith v. Fleming, 27 N. W. 581; Harrison v. Fink, 12 Fed. 787; Sonnen v. Transit Co., 102 Mo. App. 271; Eads v. Railway, 18 Mo. App. 586; Scott v. Railway, 53 Hun (N. Y.) Ill; Wise v. Railroad, 91 Ky. 537, 31 S. W. 891; Railway v. Wetmore, 19 Ohio St. 110, 2 Am.
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Appeal from St. Louis City Circuit Court. — No». Matt. ' G. Reynolds, Judge. The demurrer to plaintiff’s evidence offered at the close of his case in chief should have been sustained. Galbraith v. Fleming, 27 N. W. 581; Harrison v. Fink, 12 Fed. 787; Sonnen v. Transit Co., 102 Mo. App. 271; Eads v. Railway, 18 Mo. App. 586; Scott v. Railway, 53 Hun (N. Y.) Ill; Wise v. Railroad, 91 Ky. 537, 31 S. W. 891; Railway v. Wetmore, 19 Ohio St. 110, 2 Am. Rep. 373; Peavy v. Railroad, 81 Ga. 185. (1) The answer of the defendant is a general denial, and under such pleading the defendant had no right to…
1Opinion of the CourtBland, P. J.
(after stating the facts.) — 1. From the instructions asked by both.parties and given by the court, it will be seen the cause was tried upon the theory that the conductor had a lawful right to defend himself, if first assaulted by plaintiff, hence plaintiff’s contention, that under a general denial, the defense of son assault is unavailable, cannot be acceded to, for the reason the cause must be disposed of on appeal upon the same theory the parties assumed at the trial. [Meyer Bros. Drug Co. v. Bybee, 179 Mo. 354, 78 S. W. 579; McDonnell v. DeSoto Sav. & Bldg. Assn., 175 Mo. 250, 75 S. W.…
2Cases cited18 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Longan v. WeltmerSupreme Court of Missouri · 1904
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Galbraith v. FlemingMichigan Supreme Court · 1886
- Joice v. BransonSupreme Court of Missouri · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Greisinger v. KlinhardtSupreme Court of Missouri · 1928
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Wilson v. Missouri Pacific RailroadSupreme Court of Missouri · 1928
- Hunter v. Kansas City Railways Co.Missouri Court of Appeals · 1923
- Colby v. McClendonSupreme Court of Oklahoma · 1922
4 more not listed; retrieve them via the Exa API.