Barnes v. Columbia Lead Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. B. A. Anthony, Judge. (1) The damages 'assessed by the jury are excessive, and indicate that the assessment was the result of prejudice, and the verdict, therefore, should not be allowed to stand. Sawyer v. Eailroad, 37 Mo. 240; Duggan v. Eailroad, 46 Mo.
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Appeal from St. Francois Circuit Court. — Hon. B. A. Anthony, Judge. (1) The damages 'assessed by the jury are excessive, and indicate that the assessment was the result of prejudice, and the verdict, therefore, should not be allowed to stand. Sawyer v. Eailroad, 37 Mo. 240; Duggan v. Eailroad, 46 Mo. App. 266; Parsons v. Eailroad, 74 Mo. 299. (2) The court erred in admitting evidence, over defendant’s objection, as to the obscuration of view by steam, mist, smoke, etc., there being ho sufficient allegation of negligence contained in the petition to justify such evidence. Troth v. Norcross,…
1Opinion of the CourtReyburn, J.
(after stating the facts). — 1. Appellant has assailed instructions designated as numbers one and three, given at instance of respondent, and also assigns as error the modification by the court of defendant’s own instructions, distinguished as numbers thirteen and fourteen. We are debarred from the consideration of these portions of the charge to the jury, as the record fails to demonstrate that appellant preserved any exceptions to the action of the trial court in these regards. A reference to the record, which is at length *613and in complete form, reveals that the defendant objected to the…
2Cases cited8 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
- State v. ReedSupreme Court of Missouri · 1886
- State v. RamboSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Moore v. StateSupreme Court of Arkansas · 1957
- Richardson ex rel. Strode v. Missouri Fire Brick Co.Missouri Court of Appeals · 1907
- Brewer v. RoweSupreme Court of Missouri · 1952
- Brewer v. RoweSupreme Court of Missouri · 1952
- Smith v. StateSupreme Court of Arkansas · 1974