Franklin v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon.. Jno. A. Tatty, Judge. (1) The court erred in not granting defendant’s instruction in the nature of a demurrer to the evidence. Jackson v. Railroad, 118 Mo. 199; Beach on Contributory Negligence, see. 161, pp. 235-6; Olfermann v. Railroad, 125 Mo. 408; Railroad v. .Calderwood, 89 Ala. 247; Duncan v. Railroad, 48 Mo.
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Appeal from St. Louis City Circuit Court.— Hon.. Jno. A. Tatty, Judge. (1) The court erred in not granting defendant’s instruction in the nature of a demurrer to the evidence. Jackson v. Railroad, 118 Mo. 199; Beach on Contributory Negligence, see. 161, pp. 235-6; Olfermann v. Railroad, 125 Mo. 408; Railroad v. .Calderwood, 89 Ala. 247; Duncan v. Railroad, 48 Mo. App. 659. (2) The court erred in permitting Dr. Niedelet, plaintiff’s physician and witness, to answer an improper question. Hitchcock v. Bargett, 38 Mich. 501; Kempsey v. Mc-Ginniss, 21 Mich. 138; Van Dusen v. Newcomer, 40 Mich.…
1Opinion of the CourtValliant, J.
This is an appeal from a judgment for $2,500, rendered May 20, 1902, in favor of plaintiff, on a verdict for that amount concurred in by only nine of the jury. Defendant in a motion for a new trial made the point that an instruction given the jury by the court to the effect that nine of their number could return a verdict was in violation of defendant’s right to trial by jury as guaranteed by the Constitution of this State and of the United States. In Gabbert v. Railroad, 171 Mo. 84, decided December 24, 1902, that subject was put at rest, and since then a question as to the validity of our…
2Cases cited1 opinion
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
3Cited by6 opinions
- St. Louis S. F. R. Co. v. RushingSupreme Court of Oklahoma · 1912
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Dickey v. HolmesSupreme Court of Missouri · 1907
- State v. CampbellSupreme Court of Missouri · 1908
- Veiss v. United Railways Co.Missouri Court of Appeals · 1914
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