Borack v. Mosler Safe Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robert W. Hall, Judge. (1) Where “the facts are such that all reasonable men would be likely to draw from them the same inferenees, the question of negligence is one of law for the court.” In this case the only inference that reasonable men could draw from the facts in evidence is that this defendant was not guilty of negligence. Becke v. Railroad Co., 102 Mo. 551; Daneschocky v. Sieble 195 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Robert W. Hall, Judge. (1) Where “the facts are such that all reasonable men would be likely to draw from them the same inferenees, the question of negligence is one of law for the court.” In this case the only inference that reasonable men could draw from the facts in evidence is that this defendant was not guilty of negligence. Becke v. Railroad Co., 102 Mo. 551; Daneschocky v. Sieble 195 Mo. App. 470. (2) The only issue submitted to the jury by plaintiff in its instruction number one is the failure of the driver of the wagon to obey a city…
1Opinion of the CourtDavid E. Blair, J.
statement. the action is for damages in the sum of $10,000 for death of the husband of respondent, plaintiff below, due to alleged negligence of the defendants. Trial by jury resulted in a verdict for the defendants, Mosler Safe Company and Ernest J. Weis. The trial court sustained a demurrer to the evi¿ence ag defendant George F. Kiesel. The trial court sustained plaintiff’s motion for a new trial on two grounds: First, “because the verdict was against the weight of the evidence” and, second, “because the court erred in refusing to give the jury an instruction declaring the law to be that a…
2Cases cited3 opinions
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Daneschocky v. SiebleMissouri Court of Appeals · 1917
3Cited by9 opinions
- Rose v. ThompsonSupreme Court of Missouri · 1940
- Payne v. ReedSupreme Court of Missouri · 1933
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Demoss v. Kansas City Railways Co.Supreme Court of Missouri · 1922
- Bean v. City of MoberlySupreme Court of Missouri · 1943
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