Nelson v. Kansas City, Fort Scott & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. O. Crow, Judge. (1) A determination of the appellant’s first assignment of error, that the judgment of the trial court was contrary to the evidence and the law under the evidence, necessarily requires a full perusal of the record in the case, not only of the verbal statements of the witnesses, but also the coincidences and circumstances connected with the testimony in the cause, which are as much a part of the record as the…
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Appeal from the Jasper Circuit Court. — Hon. E. O. Crow, Judge. (1) A determination of the appellant’s first assignment of error, that the judgment of the trial court was contrary to the evidence and the law under the evidence, necessarily requires a full perusal of the record in the case, not only of the verbal statements of the witnesses, but also the coincidences and circumstances connected with the testimony in the cause, which are as much a part of the record as the direct affirmance or negation of the physical facts proven or denied. G-reenleaf on Evidence [14 Ed.], secs. 12, 13, pp.…
1Opinion of the CourtSmith, P. J.
This is an action on an account. The petition alleges that the defendant had plaintiff in its employ as chief engineer for five months, in the year 1889, and that as such engineer, he served defendant during that time, and that plaintiff’s said services were reasonably worth $150 per month, which, with certain disbursements (set forth in an itemized account filed with the petition and referred to therein) the defendant agreed and undertook to pay, etc. The answer was a general denial.
The cause was tried by the court, a jury being dispensed with. The judgment was for the plaintiff and…
2Cases cited15 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Stanton v. RyanSupreme Court of Missouri · 1867
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Central Bank v. ThayerSupreme Court of Missouri · 1904
- Collins v. Star Paper Mill Co.Missouri Court of Appeals · 1910
- Phillips v. Geiser Manufacturing Co.Missouri Court of Appeals · 1908
- Scharff v. Southern Illinois Construction Co.Missouri Court of Appeals · 1905
- Columbia Brewery Co. v. Rohling & MenkeMissouri Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.