Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. .(1) The jury correctly found all of the issues joined by the pleadings in favor of the plaintiff: and the damages assessed on each cause of action, irrespective of counts, was less than the amount claimed in the petition, and shown by the evidence; if,, therefore, the judgment entered by the trial court for the aggregate damages assessed by the jury was not proper (which we deny) the trial court should…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. .(1) The jury correctly found all of the issues joined by the pleadings in favor of the plaintiff: and the damages assessed on each cause of action, irrespective of counts, was less than the amount claimed in the petition, and shown by the evidence; if,, therefore, the judgment entered by the trial court for the aggregate damages assessed by the jury was not proper (which we deny) the trial court should have entered a proper judgment upon the verdict and should not have set aside the verdict, and this court should now…
1Opinion of the CourtReynolds, P. J.
This is the second appeal in this case, the first appeal by defendant. It was reversed and remanded, the opinion being reported un*25der the title of Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad Co., 137 Mo. App. 133, 119 S. W. 13. At the same time the companion case of the same plaintiff against this defendant and other railroad-companies was also reversed and remanded, the latter casé being reported under the title of Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad Company et al., 137 Mo. App. 479, 119 S. W. 1. This present case-reaching the circuit court under our order of remand-er,…
2Cases cited3 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
3Cited by1 opinion
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1916