Wellman v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. W. B. Teas dale, Judge. (1) Assuming that plaintiff was entitled to recover under the evidence, yet the amount returned hy the jury is so outrageously excessive, unjust and oppressive as to shock the conscience of any reasonable person, and must have been brought about by passion or prejudice or a misunderstanding of the legal effect of the testimony on the part of the jury in respect to plaintiff’s alleged injuries.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. W. B. Teas dale, Judge. (1) Assuming that plaintiff was entitled to recover under the evidence, yet the amount returned hy the jury is so outrageously excessive, unjust and oppressive as to shock the conscience of any reasonable person, and must have been brought about by passion or prejudice or a misunderstanding of the legal effect of the testimony on the part of the jury in respect to plaintiff’s alleged injuries. There was no legal evidence adduced at the trial which either proved or tended to prove the plaintiff’s condition, after the alleged…
1Opinion of the Court
WOODSON, J. —
This suit was begun in.the circuit court of Jackson county by the plaintiff against the defendant, to recover the sum of $15,000 damages for alleged injuries received by her, caused through the alleged negligence of defendant by prematurely starting one of its cars while she was in the act of hoarding the same for the purpose of becoming a passenger thereon. The trial resulted in a verdict and judgment for the plaintiff in the sum of $7,000. From that judgment, defendant duly appealed to this court.
The petition, upon which the case was tried, omitting formal parts, reads as…
2Cases cited2 opinions
- Harrington v. City of SedallaSupreme Court of Missouri · 1889
- Brecker v. FillinghamSupreme Court of Missouri · 1908
3Cited by6 opinions
- Bishop v. Musick Plating WorksMissouri Court of Appeals · 1928
- Bedenk v. St. Louis Public Service CompanySupreme Court of Missouri · 1955
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Van Tresse v. Kansas City Public Service Corp.Missouri Court of Appeals · 1928
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.