Martinowsky v. City of Hannibal
Missouri Court of Appeals
Appeal from, the Hannibal Court of Common Pleas. Hon. Giichbist Poetee, Special Judge. The verdict was against the evidence. The preponderance of the evidence in favor of appellant is such as to show that the verdict was either the result of passion, partiality or prejudice, or that the instructions given at the request of appellant were wholly disregarded. In such cases the appellate court will review the evidence.
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Appeal from, the Hannibal Court of Common Pleas. Hon. Giichbist Poetee, Special Judge. The verdict was against the evidence. The preponderance of the evidence in favor of appellant is such as to show that the verdict was either the result of passion, partiality or prejudice, or that the instructions given at the request of appellant were wholly disregarded. In such cases the appellate court will review the evidence. Spohn v. Railroad, 87 Mo. 84. Appellant was not charged with any failure, as a municipal corporation, to ■abate a nuisance created by other parties. Under cross-examination…
1Opinion of the CourtRombauee, P. J.
The plaintiff, a resident householder of the city of Hannibal, seeks in this action to recover damages caused to him by a nuisance which is alleged to have been created in the vicinity of his residence, by the city and other real estate owners in said city. Upon the trial of the cause the jury found a verdict for three hundred dollars against the city of Hannibal, and found in favor of the defendants, Aronson and McCann. The plaintiff having prior thereto dismissed his suit against the defendants, Archdeacon, Boughton and Bacon, judgment was entered upon the verdict against the city of…
2Cases cited7 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Walker v. OwenSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Whetstone v. ShawSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
- West Muncie Strawboard Co. v. SlackIndiana Supreme Court · 1904
- Mosby v. Manhattan Oil Co.Court of Appeals for the Eighth Circuit · 1931
- Sourbier v. BrownIndiana Supreme Court · 1919
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