McCloskey v. Pulitzer Publishing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) That the verdict is excessive is not one of the grounds for a new trial found in defendant’s motion. It was, however, argued orally and in defendant’s brief, almost to the exclusion of any other point, and the court, of its own motion, sustained the same, but at a subsequent term.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) That the verdict is excessive is not one of the grounds for a new trial found in defendant’s motion. It was, however, argued orally and in defendant’s brief, almost to the exclusion of any other point, and the court, of its own motion, sustained the same, but at a subsequent term. The trial court may, during the same term the verdict is rendered, set it aside for any valid reason, whether included in the motion for a new trial or not, the whole matter being still in the breast of the court. Smith v. Perkins, 124 Mo.…
1Opinion of the CourtBukgess, J.
This is an appeal from an order of the trial court setting aside a verdict and judgment in favor of plaintiff for $6,558; $4,500 compensatory and $2,058 punitive damages.
The case was before this court at the. October term, 1899, and a judgment in favor of defendant was reversed and the cause remanded, on the ground that the trial court erred in refusing to give an instruction defining libel in accordance with the statute. The case will be found reported in 152 Mo. 339.
The facts disclosed upon the last trial were substantially the same as upon the first, about the only difference being that…
2Cases cited7 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Lee v. Publishers George Knapp & Co.Supreme Court of Missouri · 1897
- Kuenzel v. StevensSupreme Court of Missouri · 1900
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Howard v. StrodeSupreme Court of Missouri · 1912
- Moore v. GlasgowMissouri Court of Appeals · 1963
- State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. EllisonSupreme Court of Missouri · 1916
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