Christy v. Hughes
Decision Date | 10 January 1887 |
Citation | 24 Mo.App. 275 |
Parties | A. D. CHRISTY, Appellant, v. PERRY B. HUGHES, Respondent. |
Court | Missouri Court of Appeals |
APPEAL from Putnam Circuit Court, HON. ANDREW ELLISON, Judge.
Affirmed.
The case is stated in the opinion.
G. W. BARNETT, for the appellant.
I. The court erred in giving the instruction in the nature of a demurrer to plaintiff's evidence, as there was evidence tending to show negligence on the part of the
defendant; and evidence tending to prove the allegations of the petition, and the damages are not too remote. Morgan v. Cox, 22 Mo. 374; Brown v. Railroad, 50 Mo. 461; Walsh v. Transportation Co., 52 Mo. 434; Meyers v. Railroad, 59 Mo. 223; Conway v. Reed, 66 Mo. 346.
II. The court should never withdraw the case from the jury when the plaintiff offers any evidence tending to prove the issues on his part. Wells v. Lea, 20 Mo. App. 352.
No brief for the respondent.
This action was instituted in a justice's court. The statement is as follows:
On the trial, on appeal in the circuit court, the plaintiff testified as follows:
The only other evidence was as to the value of the hogs, and that the defendant was notified of the fact that he was overweighting the floor.
To this evidence the court sustained a demurrer, and directed a verdict for the defendant. The plaintiff has appealed.
I. In the action for consequential damages resulting from the negligence of the defendant, it devolves on the plaintiff to show that there was such connection between the negligent act and the injury as to bring it...
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Boyle v. Neisner Bros.
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