Hebenheimer v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— lion. George E. Shields, Judge. (1) Where a fraud or deceit has been practiced by one party on the other, or the court is satisfied that perjury or mistake has been committed by a witness, and is also satisfied that an improper verdict or finding was occasioned by any such matters, and that the party has a just cause of action or of defense, it shall, on motion of the proper party, grant a new trial.
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Appeal from St. Louis City Circuit Court.— lion. George E. Shields, Judge. (1) Where a fraud or deceit has been practiced by one party on the other, or the court is satisfied that perjury or mistake has been committed by a witness, and is also satisfied that an improper verdict or finding was occasioned by any such matters, and that the party has a just cause of action or of defense, it shall, on motion of the proper party, grant a new trial. R. S. 1909, sec. 2022; Standard Co. v. White Co., 122 Mo. 258; Lovell v. Davis, 52 Mo. App. 342; Hurley v. Connally, 186 Mo. 225; Parker v. Britton, 133…
1Opinion of the CourtBlair, J.
Respondent fell into a coal hole in a sidewalk in St. Louis, and this appeal is from a judgment for *97$8388. she recovered against the city for damages. for injuries she suffered.
There was evidence tending to show that while respondent was walking in front of 1006 Olive street, one of the principal streets of the city of St. Louis, she stepped upon the cover of a coal hole; that the cover tilted and she fell into the opening, sustaining serious injuries ; that the sidewalk was granitoid except a block of stone about three and one-half feet square, through which the coal hole had been cut; that…
2Cases cited5 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Golden v. City of ClintonMissouri Court of Appeals · 1893
- Goble v. Kansas CitySupreme Court of Missouri · 1899
- Willis v. City of St. JosephMissouri Court of Appeals · 1914
3Cited by21 opinions
- Wood v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Taylor v. Kansas CitySupreme Court of Missouri · 1938
- Marvel Schillie, Administratrix of the Estate of Marion Schillie, Deceased v. Atchison, Topeka & Santa Fe Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- McGarvey v. City of St. LouisSupreme Court of Missouri · 1949
- Jones v. Kansas CitySupreme Court of Missouri · 1951
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