Russell v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) It appears that there was “a decree for the plaintiff on the first count of her petition.” It also appears that the trial court allowed an appeal from that decree after the usual motions for its correction in that court. Until the contrary appears, it will be presumed that the action of a trial court is correct, throughout the proceedings.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) It appears that there was “a decree for the plaintiff on the first count of her petition.” It also appears that the trial court allowed an appeal from that decree after the usual motions for its correction in that court. Until the contrary appears, it will be presumed that the action of a trial court is correct, throughout the proceedings. Kansas City v. Clark, 68 Mo. 5SS; Blair v. Railroad, 89 Mo. 383; Lewis v. Witten, 112 Mo. 318; Ex parte Donaldson, 44 Mo. 149. It should, therefore, be presumed in this case that…
1Opinion of the Court
DIVISION one.
MARSHALL, J.
Damages for personal injuries.
Plaintiff, a passenger on one of the trains of the St. Louis and Suburban Railway Company, sues the defendants for ten thousand dollars damages for injuries sustained by *430her on the 4th of October, 1894, in consequence of a collision between the street car operated by the railway company with a steam car operated by its co-defendant the Wabash Railroad Company. The petition is in two counts; the first in equity, asking to have a release of all claim against both defendants, executed by her on the 11th of August, 1894, set aside and…
2Cases cited4 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
3Cited by17 opinions
- Magee v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1936
- Anderson v. MetcalfSupreme Court of Missouri · 1957
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933
- Coonis v. RogersMissouri Court of Appeals · 1967
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