Myers v. City of Kansas
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The trial court found the verdict was grossly excessive. This was equivalent to a finding that it was rendered under the influence of passion or prejudice ; and, if this were true, it was the duty of the court to set the verdict aside and submit the case to a fair and impartial jury. Koetz 'o. Bleckman, 46 Mo. 320; .Doty v. Steinberg, 25 Mo. App. 335; Sheedy v. Brick Works, 25 Mo.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The trial court found the verdict was grossly excessive. This was equivalent to a finding that it was rendered under the influence of passion or prejudice ; and, if this were true, it was the duty of the court to set the verdict aside and submit the case to a fair and impartial jury. Koetz 'o. Bleckman, 46 Mo. 320; .Doty v. Steinberg, 25 Mo. App. 335; Sheedy v. Brick Works, 25 Mo. App. 531 ; Cassin v. Delaney, 38 N. Y. 178; Thomas v. Womack, 13 Tex. 580; Heidenheimer w. Schlett, 63 Tex. 395; Steinbuchel v. Wright, 43 Kan.…
1Opinion of the CourtThomas, J.
This is an action by plaintiff to recover damages for injuries received by him in consequence of falling into an excavation permitted by the city to be dug at the intersection of Grand avenue and Fifteenth street, by the Grand Avenue Railway Company. This excavation was some fifty feet long, extended the width of the sidewalk, about fifteen feet, and. was eight or nine feet deep. It was in front of an engine-house on the west side of Grand avenue, which there runs north and south, and the railway company had placed in it its sheaves and other machinery with which to run its cables.
A general…
2Cases cited2 opinions
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Rapp v. St. Joseph & Iowa RailroadSupreme Court of Missouri · 1891
3Cited by31 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
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