Edwards v. Missouri Railway Co.
Missouri Court of Appeals
Appeal from tbe Morgan Circuit Court. — Ron. D. W. Bhachleford, Judge. (1) It is not tbe law'of tbis particular ease tbat if tbe judge below deemed tbe verdict against tbe weight of tbe evidence, it was witbin bis discretion to set it aside and grant a new trial, and tbat sucb action of tbe court below will not be disturbed unless judicial discretion was abused. Here tbe verdict was for tbe plaintiff.
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Appeal from tbe Morgan Circuit Court. — Ron. D. W. Bhachleford, Judge. (1) It is not tbe law'of tbis particular ease tbat if tbe judge below deemed tbe verdict against tbe weight of tbe evidence, it was witbin bis discretion to set it aside and grant a new trial, and tbat sucb action of tbe court below will not be disturbed unless judicial discretion was abused. Here tbe verdict was for tbe plaintiff. Tbe plaintiff filed bis motion for a new trial, because tbe verdict wbieb be obtained was against tbe evidence and tbe weight of tbe evidence. No case can be cited which, sustains the action of…
1Opinion of the CourtSmith, P. J.
It was in substance alleged in plaintiff’s petition that he purchased of defendant a passage on its train of cars from the city of Jefferson to Eldon station, and thereafter entered a car of one of its trains on which there was one Prewitt, who was likewise a passenger; that while plaintiff was conducting himself in an orderly manner, said Prewitt, in the presence of divers persons, who were in said car, and in the presence and hearing of defendant’s conductor and brakeman, then in charge of said car, at divers and sundry times cursed, abused and grossly insulted plaintiff, and threatened and…
2Cases cited5 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Pritchard v. HewittSupreme Court of Missouri · 1887
- Watson v. HarmonSupreme Court of Missouri · 1885
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Sullivan v. DollinsIllinois Supreme Court · 1851
3Cited by9 opinions
- Kirst v. Clarkson Construction CompanyMissouri Court of Appeals · 1965
- Murphy v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1943
- Coats v. News CorporationSupreme Court of Missouri · 1946
- Chapman v. KingMissouri Court of Appeals · 1965
- Mitchell v. United Railways Co.Missouri Court of Appeals · 1907
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