...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...

...question, first by moving for judgment on the opening, when the above facts were disclosed ; again at the close of plaintiff's evidence, and again at the close of the case, and by various exceptions to evidence during the trial. The motions were denied and judgment...

...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...

...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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...Railroad, 71 Mo. 303; Evans v. Railroad, 62 Mo. 49. (2) The court erred in refusing the demurrer asked at the close of plaintiff's evidence, and again at the close of the whole case. Renfro v. Railroad, 86 Mo. 302 ; Whitley v. Railroad, 109 Mo. App. 123; Harris v. Railroad,...

...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...

...negligence. Judgment was rendered by the circuit court against both defendants, and both have appealed. Each defendant asked an instruction in the nature of a demurrer to the evidence, which was refused, and the principal contention by defendants here is that the evidence was insufficient to justify the verdict,...

...arising from a breach of contract wherein plaintiff relies on the contract and not on rescission. [5, 6] At the close of plaintiff's evidence, and again at the close of all the evidence, defendant moved the court for a directed verdict, which motion was denied, and defendant excepted and now urges...

...they knew nothing of the dangerous condition of this stone. At the conclusion of the whole case the defendant asked an instruction in the nature of a demurrer to the evidence which was overruled. Plaintiff had judgment and defendant appealed. The only question thus presented by the record...