Esler v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Eon John B. Butter, Judge. (1) The demurrer to the evidence should have been sustained. Drake v. Eailway, 51 Mo. App. 562; Hayden v. Eailway, 124 Mo. 566; Kelsey v. Railway, 129 Mo. 362; Hook v. Eailway, 162 Mo. 569; Petty v. Eailway, 179 Mo. 666; Markowitz v. Eailway, 186 Mo. 350; Horn-stein v. Eailway, 97 M'o. App. 271; Asphalt Co. v. Eailway, 102 Mo. App. 469; Fanning v. Transit Co., 103 Mo.
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Appeal from Chariton Circuit Court. — Eon John B. Butter, Judge. (1) The demurrer to the evidence should have been sustained. Drake v. Eailway, 51 Mo. App. 562; Hayden v. Eailway, 124 Mo. 566; Kelsey v. Railway, 129 Mo. 362; Hook v. Eailway, 162 Mo. 569; Petty v. Eailway, 179 Mo. 666; Markowitz v. Eailway, 186 Mo. 350; Horn-stein v. Eailway, 97 M'o. App. 271; Asphalt Co. v. Eailway, 102 Mo. App. 469; Fanning v. Transit Co., 103 Mo. App. 151. (2) At the close of the whole case, the court below erred in refusing to direct a verdict in favor of defendant. Authorities cited, supra. (3) The…
1Opinion of the CourtBeoaddus, P. J.
— This case was before this court on appeal and is reported in 109 Mo. App. 580. The cause was reversed with directions to the trial court to enter a judgment on the verdict. When the cause came up again before the trial court, defendant offered to file an amended answer, which offer the court refused, and entered up judgment for $1,450, the amount of the verdict, as directed by the mandate of this court. Defendant again appealed and has filed an abstract in which is contained the evidence and proceedings of the former trial. The plaintiff has filed in this court a motion to either dismiss…
2Cases cited1 opinion
- Esler v. Wabash RailroadMissouri Court of Appeals · 1904
3Cited by1 opinion
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1911