 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1881 - 732 pages
...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... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1883 - 958 pages
...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,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 746 pages
...defendants prayed at the close of the plaintiff's testimony, and again at the close of the whole case, an instruction in the nature of a demurrer to the evidence, which the court refused to give. The court refused all the instructions prayed by the defendant, and, in lieu thereof, gave... | |
 | Law reports, digests, etc - 1905 - 1404 pages
...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 objected: "(1) The... | |
 | Law reports, digests, etc - 1907 - 1348 pages
...original transaction and the various renewals. At the close of the plaintiff's evidence the defendant asked an Instruction in the nature of a demurrer to the evidence, which the court gave, and thereupon the plaintiff took n nonsuit with leave to move to set the same aside, and, having... | |
 | Law reports, digests, etc - 1922 - 1202 pages
...the conclusion of the evidence offered on behalf of plaintiff in error, defendant in error offered an instruction in the nature of a demurrer to the evidence, which the trial court refused, and defendant in error thereupon put in its evidence, none of which in any way... | |
 | Law reports, digests, etc - 1922 - 1218 pages
...made. At the close of plaintiff's case and again at the close of the entire case defendant requested an instruction in the nature of a demurrer to the evidence, which instruction was refused. On behalf of plaintiff the court gave but one instruction, not necessary to... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1888 - 776 pages
...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 to fence, thereby... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1891 - 780 pages
...its road ran through uninclosed lands. The defendant at the close of the plaintiff' s case offered an instruction in the nature of a demurrer to the evidence, which the court refused 360 43 MISSOURI APPEAL REPORTS, Sayer v. The Kansas City, Ft. S. & M. Ry. Co. to give. The finding... | |
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The appellant asked an Instruction in the nature of a demurrer to the evidence which the court refused. 
