Ruth v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Him. O’Neill Ryan, Judge. STATEMENT. The action is for malicious prosecution. The material parts of plaintiff’s own testimony is as follows: “I got on the car at Twenty-first and Cass avenue.
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Appeal from St. Louis City Circuit Court. — Him. O’Neill Ryan, Judge. STATEMENT. The action is for malicious prosecution. The material parts of plaintiff’s own testimony is as follows: “I got on the car at Twenty-first and Cass avenue. I walked in and took a seat on the north side of the car running east, the second seat from the rear; I sat there some few minutes, or whatever time it was, and the conductor came for my fare; I offered him a nickel I had and he refused to take it; I told him that I thought the nickel was good. He told me he did not think it was good and he would not take it; I…
1Opinion of the CourtBland, P. J.
1. Defendant requested instructions in the nature of a demurrer to the evidence, which were by the court refused. This ruling is assigned as error.
On a demurrer to the evidence that construction and weight must be given to the evidence which is most favorable to the plaintiff; and if in its entire scope it *15tends to prove the facts necessary to make out the plaintiff ’s case, the canse should be submitted to the jury. Bank v. Simpson, 152 Mo. 638; Young v. Webb City, 150 Mo. 333; Baird v. Railroad, 146 Mo. 265; Keown v. Railway, 141 Mo. 86; Roe v. Annan, 80 Mo. App. (K. C.) 198; Kattlemann v.…
2Cases cited6 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Williams v. VanmeterSupreme Court of Missouri · 1844
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
- Young v. City of Webb CitySupreme Court of Missouri · 1899
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Hanser v. BieberSupreme Court of Missouri · 1917
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Palermo v. CottomMissouri Court of Appeals · 1975
- Parks v. CoyneMissouri Court of Appeals · 1911
12 more not listed; retrieve them via the Exa API.