Degan v. Jewell
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — lion. L. A. Vories, Judge. (1) It was error on the part of the lower court to grant plaintiff a new trial on the ground assigned by the court; that is, that the court erred in giving on behalf of the defendant Instruction 14. That is the instruction as to the measure of damages in the event they should find for the plaintiff.
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Appeal from Buchanan Circuit Court. — lion. L. A. Vories, Judge. (1) It was error on the part of the lower court to grant plaintiff a new trial on the ground assigned by the court; that is, that the court erred in giving on behalf of the defendant Instruction 14. That is the instruction as to the measure of damages in the event they should find for the plaintiff. Where the verdict is for the defendant, an erroneous instruction of the measure of damages given for the defendant is harmless error and is not ground for a new trial. Ewalt v. Garnett, 180 Mo. App. 620; Ogle v. Sidwell, 167 Mo. App.…
1Opinion of the CourtJames T. Blair, J.
— This is an appeal from an order granting a new trial after verdict for defendant in an action brought by respondents for damages for the death of their three year old son who was killed by appellant’s truck.
Tenth Street, in St. Joseph, runs north and south. Corby runs east and' west. At their intersection each is thirty feet between the curbs, and about fifty feet between the property lines. The truck was used for delivery purposes, and was being driven by an employee of appellant. It had stopped some distance north of the street intersection on the east side of Tenth Street, and then…
2Cases cited4 opinions
- Ries v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Schlaifer v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1915
- Gricus v. United Railways Co.Supreme Court of Missouri · 1922
- Shanks v. Springfield Traction Co.Missouri Court of Appeals · 1903
3Cited by3 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Le Grand v. U-Drive-It Co.Supreme Court of Missouri · 1952
- Cunningham v. Doe Run Lead Co.Missouri Court of Appeals · 1926