Brownell v. Pacific Railroad
Supreme Court of Missouri
Error to First District Court. ■ I. There are two counts in plaintiff’s petition upon different sections of the law-. The jury rendered a general verdict. when it should have been special, and for this cause the Circuit Court ought to have granted a new trial. There are clearly two causes of action attempted to be set out in the petition.
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Error to First District Court. ■ I. There are two counts in plaintiff’s petition upon different sections of the law-. The jury rendered a general verdict. when it should have been special, and for this cause the Circuit Court ought to have granted a new trial. There are clearly two causes of action attempted to be set out in the petition. First, under the second section of the act in relation to damages, the damages are liquidated — fixed at $5,000, no more, no less — and the jury are bound to find their verdict for that sum if at all.' The second count is based upon the third section of said…
1Opinion of the CourtWagner, Judge
There are no objections urged here against the instructions given by the court below, and an inspection of the record has led us to the conclusion that there are but two questions requiring any special consideration. The first is the nature of the petition and the sufficiency of the verdict; and the second is whether the declarations of Brownell, just previous to his death and shortly, after the accident happened, were admissible in evidence.
The suit was commenced in the Circuit Court against the defendant for damages for the death of the plaintiff’s husband. The petition contains two counts.…
2Cases cited6 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Pitts v. FugateSupreme Court of Missouri · 1867
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
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3Cited by53 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Christal v. CraigSupreme Court of Missouri · 1883
- Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
48 more not listed; retrieve them via the Exa API.