McClanahan v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
'Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court in overruling the defendant’s motion for a new trial. The verdict under the pleadings was so manifestly against the evidence that it ought to have been set aside. Spiro v. St. Louis Transit Co., 102 Mo. App. 250; Priesz v. Fallon, 24 Mo. App. 439; Kennedy v. Transit Co., 103 Mo. App. 1; Spohn v. Railroad, 87 Mo. 74; Bank v. Railroad, 98 Mo.
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'Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court in overruling the defendant’s motion for a new trial. The verdict under the pleadings was so manifestly against the evidence that it ought to have been set aside. Spiro v. St. Louis Transit Co., 102 Mo. App. 250; Priesz v. Fallon, 24 Mo. App. 439; Kennedy v. Transit Co., 103 Mo. App. 1; Spohn v. Railroad, 87 Mo. 74; Bank v. Railroad, 98 Mo. App. 330. The verdict was a hare conjecture, and not supported by the facts. Démaet v. Storage & Packing Co., 121 Mo. App. 92; Weltmer v. Bishop, 371 Mo. 116; Champagne v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).-Errors assigned are that the court erred in admitting incompetent evidence on behalf of plaintiff; in excluding competent evidence offered by defendant; in giving the instructions for plaintiff and in refusing instruction No. 11 and the demurrer to the evidence asked by defendant, and that the verdict is excessive, the result of bias and prejudice.
There was no error in the instructions given for plaintiff.
The platform on which plaintiff fell was used by the defendant at Terry; defendant invited passengers to board or alight from its cars by means of this platform ;…
2Cases cited19 opinions
- Graves v. United StatesSupreme Court of the United States · 1893
- The People v. . HoveyNew York Court of Appeals · 1883
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Gordon v. . the PeopleNew York Court of Appeals · 1865
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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3Cited by10 opinions
- McCord v. SchaffSupreme Court of Missouri · 1919
- Phillips v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- Crawford v. McNeceSupreme Court of Missouri · 1965
- Hasenjaeger v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1932
- Whitmore v. American Railway Express Co.Missouri Court of Appeals · 1925
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