Porter v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The court erred in overruling a peremptory instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s case, because plaintiff admitted signing the release pleaded in defendant’s answer, admitted that she could read and had an opportunity to read it and failed to introduce evidence sufficient to raise the issue of plaim tiff’s want of mental capacity to…
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The court erred in overruling a peremptory instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s case, because plaintiff admitted signing the release pleaded in defendant’s answer, admitted that she could read and had an opportunity to read it and failed to introduce evidence sufficient to raise the issue of plaim tiff’s want of mental capacity to understand the nature and effect of her acts when she executed the release. Bennett v. Lumber Co., 116 Mo. App. 699;…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — L Defendant first contends that “the court erred in overruling a peremptory instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s case, because plaintiff admitted signing the release pleaded in defendant’s answer, admitted that she could read and had an opportunity to read it and failed to introduce evidence sufficient to raise the issue of plaintiff’s want of mental capacity to understand the nature and effect of her acts when she executed the release.” We do not agree to this contention. True, the rule is stated…
2Cases cited8 opinions
- Robinson v. GlassIndiana Supreme Court · 1884
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Magee v. VerityMissouri Court of Appeals · 1903
- United Breeders Co. v. WrightMissouri Court of Appeals · 1909
- Haworth v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1902
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3Cited by3 opinions
- Smallwood v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924
- Tattershall v. Yellow Cab Co.Missouri Court of Appeals · 1931
- Flack v. WahlMissouri Court of Appeals · 1917