Gaty v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court-. — lion. Thos. C. Hennings, Judge. (1) Motions for a new trial on ground of newly-discovered evidence are regarded with, a jealous eye and construed with strictness by the courts. They should he tolerated, not encouraged; viewed with aversion rather than favor; granted as an exception and refused as a rule. Tootle & Co. v. Lysaght & Co., 65 Mo. App. 139; State v. McLaughlin, 27 Mo.
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Appeal from St. Louis City Circuit Court-. — lion. Thos. C. Hennings, Judge. (1) Motions for a new trial on ground of newly-discovered evidence are regarded with, a jealous eye and construed with strictness by the courts. They should he tolerated, not encouraged; viewed with aversion rather than favor; granted as an exception and refused as a rule. Tootle & Co. v. Lysaght & Co., 65 Mo. App. 139; State v. McLaughlin, 27 Mo. Ill; Cook v. Railroad .Co., 56 Mo. 380; State v. Sansone, 116 Mo. 1; Grocery Oo. v. Hotel Co., 183 Mo. App. 429; State v. Bybee, 149 Mo. 632; Porter v. Stock Yds. Co., 213…
1Opinion of the CourtElder, J.
This is an action for damages for personal injuries alleged to have been received by plaintiff in a collision betweén two of defendant’s street cars, in one of which she was a passenger.
Statement. On December 19, 1916, the defendant was engaged in operating various lines of street railway in the City of St. Louis. On that date plaintiff boarded and became a passenger on one o± defendant’s cars, it being of the type known as a “pay as you enter” car, receiving passengers at the rear end. Near the entrance there was a small space, enclosed with an iron railing, in which the conductor stood to…
2Cases cited10 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- State v. McLaughlinSupreme Court of Missouri · 1858
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cole v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1933
- Dodd v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1946
- Golian v. StanleySupreme Court of Missouri · 1960
- Dietrich v. Cape Brewery & Ice Co.Supreme Court of Missouri · 1926
- State Ex Rel. St. Louis Public Service Co. v. BeckerSupreme Court of Missouri · 1933
9 more not listed; retrieve them via the Exa API.