Goetz v. Ambs
Supreme Court of Missouri
•Appeal from, St. Louis Court of Common Pleas. This was an action for an assault and battery. The petition charges various injuries to the person of plaintiff, and particularly an injury to one*of plaintiff’s eyes, caused by a blow of a whip, inflicted by defendant, by reason of which plaintiff underwent great pain, and was prevented from engaging in his business for the space of six weeks, and was subjected to an expenditure of seventy-five dollars, in and about endeavoring…
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•Appeal from, St. Louis Court of Common Pleas. This was an action for an assault and battery. The petition charges various injuries to the person of plaintiff, and particularly an injury to one*of plaintiff’s eyes, caused by a blow of a whip, inflicted by defendant, by reason of which plaintiff underwent great pain, and was prevented from engaging in his business for the space of six weeks, and was subjected to an expenditure of seventy-five dollars, in and about endeavoring to be cured of the injuries inflicted. The damages were laid at $5000. The defendant, in his answer, denied all the…
1Opinion of the CourtScott, Judge
This court does not interfere with the verdict of a jury on the ground that it is against the weight of evidence. If, however, upon the report of the evidence on a trial, we were warranted in granting a new trial, we do not know how we would resist such-an application on this occasion. As a new trial will be granted on account of the excessiveness of the damages, we deem it inappropriate to make any comments on the case. Upon looking over the record, we are satisfied that the ends of justice will be subserved by granting a new trial; although the injury sus*173tained was a serious one, we do not…
2Cited by9 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Leahy v. DavisSupreme Court of Missouri · 1894
- Fischer v. City of St. LouisSupreme Court of Missouri · 1905
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Railway Co. v. RobbinsSupreme Court of Arkansas · 1893
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