Gabbert v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — -Ron. A. ill. Woodson, Judge. (1) The only ground specified by the court, as required by section 801 of the statutes, not waived and withdrawn by the respondent, on which the motion for a new trial was granted, is the opinion of the court that the constitutional amendment providing that three-fourths of the jury concurring could render a verdict, is invalid.
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Appeal from Buchanan Circuit Court. — -Ron. A. ill. Woodson, Judge. (1) The only ground specified by the court, as required by section 801 of the statutes, not waived and withdrawn by the respondent, on which the motion for a new trial was granted, is the opinion of the court that the constitutional amendment providing that three-fourths of the jury concurring could render a verdict, is invalid. Hence, the only material question arising on this appeal is as to the validity of the said amendment. Candee v. Railroad, 130 Mo. 153; Millar v. Madison Car Co., 130 Mo. 523; Sanard Co. v. Transit…
1Opinion of the CourtGantt, J.
This appeal has been before us on a question of revivor, the original plaintiff, Crawford, having died after his appeal had been taken to this court. [Crawford v. Railroad, 171 Mo. 68.]
The appeal on its merits is by the administrator from an order setting aside a verdict in favor of his intestate against the defendant. The action was for damages arising from personal injuries alleged to have been suffered by Crawford, while in the employment of the defendant, by reason of the negligence of defendant’s servants in backing a train which Crawford was uncoupling, without giving him any signals of…
2Cases cited15 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Green v. WellerMississippi Supreme Court · 1856
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- Collier v. FriersonSupreme Court of Alabama · 1854
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3Cited by66 opinions
- Kerby v. LuhrsArizona Supreme Court · 1934
- Keenan v. PriceIdaho Supreme Court · 1948
- Ellingham v. DyeIndiana Supreme Court · 1912
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Buchanan v. KirkpatrickSupreme Court of Missouri · 1981
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