Woodard v. Cooney
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. E. R. McKee, Judge. In a long unbroken line of decisions in both the Supreme Court aud appellate courts of this State it has been held and ruled that it is not only the prerogative, but it is the peculiar and special duty of trial courts to grant new trials when the verdict is arbitrary and manifestly wrong, or when the verdict appears to be the result of passion, prejudice, or misconduct.. Friedman v. Pub. Co., 102 Mo.
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Appeal from Knox Circuit Court. — Hon. E. R. McKee, Judge. In a long unbroken line of decisions in both the Supreme Court aud appellate courts of this State it has been held and ruled that it is not only the prerogative, but it is the peculiar and special duty of trial courts to grant new trials when the verdict is arbitrary and manifestly wrong, or when the verdict appears to be the result of passion, prejudice, or misconduct.. Friedman v. Pub. Co., 102 Mo. App. 695, 77 S. W. 340; Chouquette v. Railway, 152 Mm 266, 53 S. W. 897; Bank v. Armstrong, 92 Mo. 265, 4 S. W. 720; Walton v. Railroad,…
1Opinion of the CourtNortoni, J.
The appellant assigns but one error. The assignment is in the following language: “The court erred in overruling defendant’s motion for a new trial based upon the fact that the verdict of the jury was not the verdict of an impartial and unprejudiced jury and was not supported by the evidence, but was contrary to and against the overwhelming weight of the evidence.” Upon this proposition, sole and only, he asks this court to reverse and remand the cause. It *160is true, there was a conflict of testimony on the material issue. The plaintiff testified that defendant was to sell his land at…
2Cases cited15 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
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3Cited by1 opinion
- Standard Manufacturing Co. v. HudsonMissouri Court of Appeals · 1905