Logan v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. The court erred in overruling defendant’s demurrer to the evidence and sending the case to the jury, because there was no evidence of any probative value tending to show that plaintiff was of unsound mind at the time the release in question was executed; her bald statement to the effect that she did not know she signed it is so outrageously against the conscience it raises no issuable fact.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. The court erred in overruling defendant’s demurrer to the evidence and sending the case to the jury, because there was no evidence of any probative value tending to show that plaintiff was of unsound mind at the time the release in question was executed; her bald statement to the effect that she did not know she signed it is so outrageously against the conscience it raises no issuable fact. Lange v. Railroad, 151 Mo. App. 500; Spiro v. Eailroad, 102 Mo. App. 250; Lo-max v. Eailroad, 119 Mo. App. 1. c. 198. (1) This 'case…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — - The errors assigned by counsel for apepllant are: First, to the overruling of defendant’s demurrer to the evidence on the ground assigned that there was no evidence of any probative value tending to show *499that plaintiff was of unsound .mind at the time the release in question was executed, it being argued that her bald statement, to the effect that she did not know she had signed it, is so outrageously against the conscience that it raises no issuable fact; second, that the court erred in excluding the question and answer before set out as asked the plaintiff,…
2Cases cited7 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Berry v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smallwood v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924