41 S.W. 929 (Mo. 1897), Keown v. The St. Louis Railroad Co.

Citation:41 S.W. 929, 141 Mo. 86
Opinion Judge:PER CURIAM.
Party Name:Keown v. The St. Louis Railroad Company, Appellant
Case Date:July 17, 1897
Court:Supreme Court of Missouri
 
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Page 929

41 S.W. 929 (Mo. 1897)

141 Mo. 86

Keown

v.

The St. Louis Railroad Company, Appellant

Supreme Court of Missouri, First Division

July 17, 1897

141 Mo. 86 at 96.

Original Opinion of July 17, 1897, Reported at: 141 Mo. 86.

Motion for rehearing overruled.

OPINION

[141 Mo. 96] ON MOTION FOR REHEARING.

PER CURIAM.

-- In the motion for rehearing plaintiff's counsel lay stress on the observation of the court that the original conclusion in the case was expressed "with some misgivings." From that remark it is argued that the question of defendant's negligence is one about which fair minded men might differ, and hence that it is one for the jury as a question of fact.

The "misgivings" of the court were as to whether or not the case was clear enough to warrant the decision of the issue of defendant's negligence as a matter of law. We do not dispute in the slightest the rule plaintiff asserts, as to the right of plaintiff to have the benefit of the most favorable view of the facts that may reasonably be taken of them. Giving plaintiff the benefit of that view, we had some doubts as to whether or not plaintiff had a case properly entitled to be submitted to the jury on the question of defendant's negligence. We finally reached the conclusion [141 Mo. 97] that she had not such a case, after giving the facts the best consideration we could. We did not intend, in announcing that...

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