Oglesby v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit' Court. — Now. Geo. N. Longan, Judge. (1) Where an attorney makes improper remarks in his argument to the jury, it is not sufficient for the court to sustain an objection thereto, but it must direct tbe jury to disregard same; and even then, a new trial may be granted. Smith v. Tel. Co., 55 Mo. App. 628; Ensor v. Smith, 57 Mo.
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Appeal from Pettis Circuit' Court. — Now. Geo. N. Longan, Judge. (1) Where an attorney makes improper remarks in his argument to the jury, it is not sufficient for the court to sustain an objection thereto, but it must direct tbe jury to disregard same; and even then, a new trial may be granted. Smith v. Tel. Co., 55 Mo. App. 628; Ensor v. Smith, 57 Mo. App. 596; 1 Thompson on Trials, secs. 264 and 266; Stratton v. Nye, 63 N. W. 928; Andrews v. Railroad, 71 N. W. 377; A. L. & L. S. Co. v. May, 71 N. W. 69; Sutton v. Railroad, 73 N. W. 995; Railroad v. Kellogg, 76 N. W. 464; Rudiger v.…
1Opinion of the CourtRobinson, C. J.
This is an action for damages growing out of injuries received by plaintiff in December, 1892, while in the employ of defendant railway company as brakeman on one of its freight trains running between Kansas City and St. Louis. The contest, between the parties hereto has had quite a long and eventful history. In a former suit between the same parties, growing out of the same occurrence, the case came here then, as now, on defendant’s appeal from a judgment in favor of plaintiff, at which time, opinions by four members of this court were written. When the judgment in that suit, Oglesby v. Mo.…
2Cases cited1 opinion
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
3Cited by17 opinions
- Burdett v. CommonwealthSupreme Court of Virginia · 1904
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Zeigenbein Ex Rel. Zeigenbein v. ThornsberrySupreme Court of Missouri · 1966
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
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