Herriman v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge., Statement of case by the court. This is an action to recover damages for personal injury.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge., Statement of case by the court. This is an action to recover damages for personal injury. The petition alleged: “That, on said twenty-eighth day of April, 1886, said plaintiff was in the employ of the defendant as a common laborer, and was working upon the track of the defendant, and was under the control and direction of a boss, whose duty it was to direct the said plaintiff in and about his duties as such laborer, as well as a number of other employes of said defendant; that, on said day, said boss, in the discharge of his…
1Opinion of the CourtPhilips, P. J.
We are asked to review the evidence and to reverse this judgment on the ground that the evidence does not support the verdict. The rules of practice, in this respect, are now well settled. A demurrer *443to the evidence admits the truth of the facts testified to by the plaintiff’s witnesses, and admits everything which the testimony conduces to prove, though it be but in small degree as distinguished from a “mere scintilla.” And in passing upon the demurrer, the court must make every inference of fact in favor of the plaintiff, which the evidence warrants, and which the jury might, with…
2Cases cited14 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Noeninger v. VogtSupreme Court of Missouri · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Halliburton v. Wabash RailroadMissouri Court of Appeals · 1894
- Schultze v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Clair v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Hadley v. OrchardMissouri Court of Appeals · 1898
- Ballard v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.