...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...

...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...

...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...

...the evidence of plaintiff in error. At the close of all the evidence defendant in error again offered an instruction in the nature of a demurrer to the evidence, which was likewise refused. The ease was submitted to the jury, and a verdict was rendered in favor of the defendant...

...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...

...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...

...constructed, and as to its condition. Defendant asked an instruction at the close of plaintiff's case in the nature of a demurrer to the evidence, which was refused. The court gave at plaintiff 's request the following instruction: "The jury are instructed, that if they believe from...

...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...

...the close of the plaintiff's evidence, and again at the close of all the evidence, defendant asked an instruction in the nature of a demurrer to the evidence, which the court refused and exceptions were saved, and appellant now insists that those instructions should...

...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...