Reynolds v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The judgment below must be affirmed, as this court can not consider the question concerning the competency of this juror because the motion for new trial is not preserved in the record, and therefore it does not appear whether the action of the court in the matter of the competency of this juror was made one of the grounds of appellant’s motion for a new trial; or, if so, whether the plaintiff…
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The judgment below must be affirmed, as this court can not consider the question concerning the competency of this juror because the motion for new trial is not preserved in the record, and therefore it does not appear whether the action of the court in the matter of the competency of this juror was made one of the grounds of appellant’s motion for a new trial; or, if so, whether the plaintiff excepted to the court’s action on the motion for new trial. State -v. Bobinson, 79 Mo. 66; State ex rel. v. Gaither, 77 Mo.…
1Opinion of the CourtMarshall, J.
The plaintiff sued thé defendant for five thousand dollars damages for injuries alleged in the petition to have been sustained by her while a passenger on one of its cars, by reason of the sudden starting of the car when she was attempting to get off of it. The answer is a general denial and a plea of contributory negligence. There was a trial in the circuit court, and a verdict for the defendant. The testimony on the merits is not preserved, and the only point presented by the appellant for review is the testimony and ruling of the lower court as to the competency of George E. Moritz as a…
2Cases cited18 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Cohn v. LehmanSupreme Court of Missouri · 1887
- State v. WallSupreme Court of Missouri · 1851
- Jefferson City v. OpelSupreme Court of Missouri · 1878
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3Cited by3 opinions
- McClure v. CampbellSupreme Court of Missouri · 1899
- Clements v. TurnerSupreme Court of Missouri · 1901
- Investment Security Co. v. WilliamsMissouri Court of Appeals · 1910