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" At the close of the plaintiff's evidence the defendant asked an Instruction in the nature of a demurrer to the evidence, which was refused, and exception taken. "
The South Western Reporter - Page 194
1906
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1881
...reasonable care and caution. At the close of plaintiff's case, the defendant asked and the court refused an instruction in the nature of a demurrer to the evidence, which should have been given. His own testimony, and that of his witness, Wedgewood, showed that plaintiff...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882
...and judgment for plaintiff, from which defendant has appealed. At the close of plaintiff's testimony defendant asked an instruction in the nature of a demurrer to the evidence, which the court refused. The court erred in striking out the special defence set up in the answer. If the...
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The American Reports: Containing All Decisions of General ..., Volume 41

Isaac Grant Thompson - Law reports, digests, etc - 1883
...corporation carrying on a foundry in St. Louis. At the close of plaintiff's case, defendants offered an instruction in the nature of a demurrer to the evidence, which was granted. Plaintiff then took a nonsuit, and the court having overruled a motion to set it aside, plaintiff...
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The Southwestern Reporter, Volume 238

Law reports, digests, etc - 1922
...an additional ab•tract of the record." The foregoing was all of the evidence introduced, and, at the close of the plaintiff's evidence, the defendant asked an instruction In the nature of a demurrer thereto, telling the jury that the plaintiff was not entitled to a recovery, which the court refused,...
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The Southwestern Reporter, Volume 165

Law reports, digests, etc - 1914
...in time to have prevented the collision. At the close of all the evidence, the defendant requested an instruction in the nature of a demurrer to the evidence, which was refused, of which ruling, together with others to which we will refer, complaint is now made. As the plaintiff's...
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The Southwestern Reporter, Volume 87

Law reports, digests, etc - 1905
...been as it would have swung him off the ladder, and BotUinp of the kind happened. Appellant offered an instruction in the nature of a demurrer to the evidence, which the ! court refused. For respondent the court i gsve the following instructions, to which i appellant...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 29

Missouri. Courts of Appeals - Law reports, digests, etc - 1888
...pasture through the defective railroad fence on to the track. The defendant introduced no evidence, but asked an instruction in the nature of a demurrer to the evidence, which the court refused. The settled construction of section 809, Revised Statutes, is, "that the obligation...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 33

Missouri. Courts of Appeals - Law reports, digests, etc - 1889
...not entitled to recover upon this contract. At the close of the whole case, the defendant requested an instruction in the nature of a demurrer to the evidence, which was refused. It is now insisted that he was entitled to this instruction, because the evidence indisputably showed...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1889
...court, as required by section 6 of the constitutional amendment adopted in 1884. Defendant interposed an instruction in the nature of a demurrer to the evidence, which was overruled, and this action of the court is assigned for error. As stated by the court of appeals, the...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 43

Missouri. Courts of Appeals - Law reports, digests, etc - 1891
...cars at a point, where, as alleged in the statement, the railroad ran through uninclosed lands. At the close of the plaintiff's evidence the defendant asked an instruction in the nature of a demurrer to the evidence. The court refused togivethe instruction, and the defendant excepted. The attention...
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