Schmitt v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. The verdict of the jury is against the overwhelming weight of the evidence. Kennedy v. Railroad, 103 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matthew G. Reynolds, Judge. The verdict of the jury is against the overwhelming weight of the evidence. Kennedy v. Railroad, 103 Mo. App. 1. c. 8, 78 S. W. 77; Bank v. Wood, 124 Mo. 72, 27 S. W. 554; Ohitty v. Railroad, 148 Mb'. 64, 49 S. W. 868. The court erred in Refusing to give to the jury the following instruction: “The court instructs the jury that in weighing the evidence and determining the facts in this case, you should not only weigh and consider the oral testimony given in evidence by the several witnesses who have testified before…
1Opinion of the Court
GOODE, J.,
(after stating the facts). — Action for personal injuries alleged to have been received by plaintiff by the premature starting of one of defendant’s trolley cars while plaintiff was in the act of boarding it. The accident occurred June 3, 1901, at the intersection of Delmar and Bayard avenues in the city of St. Louis. Delmar avenue runs east and west and Bayard avenue north and south, the latter running to the former, but not across it. That is to say, Bayard avenue starts at the north line of Delmar and runs thence northward. Passengers are received at the intersection of those…
2Cases cited1 opinion
- Hansberger v. Sedalia Electric Railway, Light & Power Co.Missouri Court of Appeals · 1900
3Cited by5 opinions
- Mueller v. SchienSupreme Court of Missouri · 1943
- Arnold v. Alton Railroad Co.Supreme Court of Missouri · 1939
- Fife v. Chicago & Alton RailroadMissouri Court of Appeals · 1913
- LaBris v. Western National InsuranceWest Virginia Supreme Court · 1950
- LaBris v. Western National InsuranceWest Virginia Supreme Court · 1950