Boettger v. Scherpe & Koken Architectural Iron Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The trial court should have directed the jury to return a verdict for the defendant, as requested. Where there is no evidence to uphold a verdict, or to sustain any material allegation of the petition, the supreme court will reverse a judgment founded on the verdict, and the interposition of a demurrer at the close of the case requires this court to review the evidence taken as a whole.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The trial court should have directed the jury to return a verdict for the defendant, as requested. Where there is no evidence to uphold a verdict, or to sustain any material allegation of the petition, the supreme court will reverse a judgment founded on the verdict, and the interposition of a demurrer at the close of the case requires this court to review the evidence taken as a whole. Garvin v. Williams, 50 Mo. 206; Hearne v. Keath, 63 Mo. 84;. Schnieding v. Ewing, '57 Mo. 78; HiUv. Railroad, 101 Mo. 36; Rite v.…
1Opinion of the CourtBrace, P. J.
This is an action for damages by a widow for the death of her husband who lost his life while in the employment of the defendant, in which she recovered judgment below for $4,500, and the defendant appeals.
The errors complained of are: The refusal of the court to instruct the. jury to return a verdict for defendant; admitting in evidence the mortality table contained in Revised Statutes, 1879; the refusal of the court to permit defendant’s superintendent to give his opinion as to whether the deceased was competent to select the lumber for the scaffold in question; and the refusal of the court…
2Cases cited2 opinions
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Boettger v. Scherpe & Koken Architectural Iron Co.Supreme Court of Missouri · 1894
3Cited by12 opinions
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Hohlstein Ex Rel. Hohlstein v. St. Louis Roofing Co.Supreme Court of Missouri · 1931
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