Thero v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The remittitur should have been accepted and judgment entered for the reduced amount. Schergen y. Const. Co., 108 Mo. App. 262; Tilford y. Ramsey, 43 Mo. 420; Higgs v. Hunt, 75 Mo. 107; Rider y. Kirk, 82 Mo. App. 124; Furnish y. Railroad, 102 Mo. 456; Dawson y. Waldheim, 89 Mo. App. 248; 18 Ency.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The remittitur should have been accepted and judgment entered for the reduced amount. Schergen y. Const. Co., 108 Mo. App. 262; Tilford y. Ramsey, 43 Mo. 420; Higgs v. Hunt, 75 Mo. 107; Rider y. Kirk, 82 Mo. App. 124; Furnish y. Railroad, 102 Mo. 456; Dawson y. Waldheim, 89 Mo. App. 248; 18 Ency. PL and Pr., p. 148. (2) The record in this case being sufficient and the determination of the amount of the damage under the evidence and instructions being a matter of mathematical calculation only, the correction may be made by…
1Opinion of the CourtJohnson, J.
This suit is for damages alleged to have been caused by the negligent delay of defendant, a common carrier, in the transportation of a carload of horses shipped by plaintiff from Horace and Bison, Nansas, to East St. Louis. The first trial of the case resulted in a verdict of eight hundred dollars for plaintiff. A new trial was granted and at the second trial, plaintiff again prevailed and was given a verdict of fifteen hundred dollars, but the court again interfered and, on the motion of defendant, granted a new trial on the ground that , the verdict was excessive. Before the hearing of the…
2Cases cited2 opinions
- Russell Grain Co. v. Wabash RailroadMissouri Court of Appeals · 1905
- Hahn v. St. Louis, Kansas City & Colorado Ry. Co.Missouri Court of Appeals · 1910
3Cited by4 opinions
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Briley v. ThompsonMissouri Court of Appeals · 1955
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Henry v. TinsleyMissouri Court of Appeals · 1949