Weathers v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The-judgment in this case is in its nature an entirety, and the court committed error in sustaining the motion of the defendant, the Missouri Pacific Railway Company, for a new trial and in overruling that of ‘ the defendant, The Kansas City Southern Railway Company. It. S. 1899, sec. 773; Besliears v. Banking Assn., 73 Mo. App. 293; Sater v. Hunt, 75 Mo. App. 468; Seay y. Sanders, 88 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The-judgment in this case is in its nature an entirety, and the court committed error in sustaining the motion of the defendant, the Missouri Pacific Railway Company, for a new trial and in overruling that of ‘ the defendant, The Kansas City Southern Railway Company. It. S. 1899, sec. 773; Besliears v. Banking Assn., 73 Mo. App. 293; Sater v. Hunt, 75 Mo. App. 468; Seay y. Sanders, 88 Mo. App. 478; Holborn v. Naughton, 60 Mo. App. 100; Miller v. Bryden, 34 Mo. App. 602; McCord’s Administrator v. McCord,» 77 Mb. 166; R. S.…
1Opinion of the CourtBroaddtjs, P. J.
The plaintiff sued the appellant and the Missouri Pacific Railway company for damages as the result ofaninjury alleged to have been caused by the negligence of the two companies. There was a verdict and judgment against both. On motion, the verdict and judgment against the latter company was set aside, and the motion of the appellant to set aside the verdict and grant a new trial was overruled. The judgment was appealed from by appellant. There was no dismissal of the action as to the Missouri Pacific RailAvay company.
In the first place, appellant contends that the action was for the joint…
2Cases cited6 opinions
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Stanley v. Union Depot RailroadSupreme Court of Missouri · 1893
- Seay v. SandersMissouri Court of Appeals · 1901
- Holborn v. NaughtonMissouri Court of Appeals · 1894
- Sater v. HuntMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hunter Land & Development Co. v. Caruthersville Stave & Heading Co.Missouri Court of Appeals · 1928
- Reynolds v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914