146 Mo. 126 | Mo. | 1898
The plaintiff sued thé defendant for five thousand dollars damages for injuries alleged in the petition to have been sustained by her while a passenger on one of its cars, by reason of the sudden starting of the car when she was attempting to get off of it. The answer is a general denial and a plea of contributory negligence. There was a trial in the circuit court, and a verdict for the defendant. The testimony on the merits is not preserved, and the only point presented by the appellant for review is the testimony and ruling of the lower court as to the competency of George E. Moritz as a juror, and the correctness of the ruling of the circuit court in overruling plaintiff’s peremptory challenge of the juror. The bill of exceptions sets out in full the questions, answers of the juror, and the rulings of the court, and the record recites that a motion for new trial was filed and overruled. But the motion for new trial itself is not preserved by the bill of exceptions and hence does not appear in ■ the transcript. We can not, therefore, ascertain whether the alleged error of the court was distinctly called to the attention of the circuit court, by the motion for new trial, and that court given an opportunity of correcting