Bindbeutal v. Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circioit Court. — Hon. J. H. Slover, Judge., (1) ■ The true rule of appellate courts is ■: Whenever error intervenes a presumption of prejudice arises, and, unless the record shows, beyond a doubt, that no prejudice resulted, there must be a reversal. Clark v. Fairley, 30 Mo. App. 335 ; Deery v. Cray, 5 Wall. 807 ; Smiths r>. Shoemaker, 17 Wall. 630, 639 ; Railroad r>. C Brien, 119 IT. S. 99, 103 ; Gilmer v. Higley, 110 IT.
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Appeal from the Jackson Circioit Court. — Hon. J. H. Slover, Judge., (1) ■ The true rule of appellate courts is ■: Whenever error intervenes a presumption of prejudice arises, and, unless the record shows, beyond a doubt, that no prejudice resulted, there must be a reversal. Clark v. Fairley, 30 Mo. App. 335 ; Deery v. Cray, 5 Wall. 807 ; Smiths r>. Shoemaker, 17 Wall. 630, 639 ; Railroad r>. C Brien, 119 IT. S. 99, 103 ; Gilmer v. Higley, 110 IT. S. 47, 50; Potter v. Railroad, • 46 la. 399; Stafford v. Oskaloosa, 57 la. 748, 750 ; Reynolds v. City of Keokuk, 34 N. W. Rep. (Ia.) 167; Gillett…
1Opinion of the CourtSmith, P. J.
Plaintiff brought this action for. alleged personal injuries, claiming that, while driving on the defendant’s track, a cable car collided with his wagon throwing him therefrom and injuring him. The petition was in two counts, the first claiming that the act of defendant was wilful, while the second count was founded upon negligence. All the evidence has not been preserved in full, but the bill of exceptions shows what its tendency was.- The verdict of the jury was silent as to the first count, but found for the plaintiff on the second count and assessed his damages at $1,000. The defendant…
2Cases cited10 opinions
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Pennsylvania Co. v. SmithIndiana Supreme Court · 1884
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Clark v. FairleyMissouri Court of Appeals · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
- Linehan v. StateDistrict Court of Appeal of Florida · 1983
- Martin v. YeohamMissouri Court of Appeals · 1967
- Sharp v. RobbersonSupreme Court of Missouri · 1973
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
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