Diel v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Jas. E. Withrow, Judge. (1) The court erred in overruling defendant’s objections to the testimony of plaintiff as to the conversations had by him with the police captain. (2) The verdict is unsupported by the evidence, as it does not connect the appellant with the prosecution complained of, and the motion for a new trial should, therefore, have been sustained.
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Appeal from the St. Louis City Circuit Court. — IIon. Jas. E. Withrow, Judge. (1) The court erred in overruling defendant’s objections to the testimony of plaintiff as to the conversations had by him with the police captain. (2) The verdict is unsupported by the evidence, as it does not connect the appellant with the prosecution complained of, and the motion for a new trial should, therefore, have been sustained. Brotan v. Railroad, 67 Mo. 122; Railroad v. Donahue, 56 Tex. 162; Barrett v. Chouteau., 94 Mo. 13; Moore v. Railroad, 28 Mo. 628; Providence, etc., Co. v. Claire, 127 U. S. 47. (3)…
1Opinion of the CourtRombauer, P. J.
The only substantial question arising upon this appeal is, whether there was any evidence tending to show that the defendant had instituted the prosecution *456against the plaintiff which is the foundation of his cause of action, the suit being one for malicious prosecution.
The evidence on that subject offered by the plaintiff may be summarized as follows: In the evening of Monday, April 12, 1886, the plaintiff was arrested in the city of St. Louis by a police officer, and placed in custody at the police station. There is no direct evi: dence of the cause of this arrest, or who caused it to be…
2Cases cited8 opinions
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Tucker v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Mayberry v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1882
- Moore v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Connell v. McLoughlinOregon Supreme Court · 1895
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Duncan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910
19 more not listed; retrieve them via the Exa API.