Legal Opinion

Reickert v. Hammond Packing Co.

Missouri Court of Appeals

Decided April 19, 1909PublishedCited by 4 opinions

Appeal from Buchanan Circuit Court. — Now. Henry M. Barney, Judge. (1) The plaintiff should have been nonsuited. His case is utterly without merit, and it is so apparently a manufactured case that it cannot excite favorable consideration. Plaintiff committed perjury upon the first and second trial. Plaintiff’s perjury forfeits his verdict.

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Appeal from Buchanan Circuit Court. — Now. Henry M. Barney, Judge. (1) The plaintiff should have been nonsuited. His case is utterly without merit, and it is so apparently a manufactured case that it cannot excite favorable consideration. Plaintiff committed perjury upon the first and second trial. Plaintiff’s perjury forfeits his verdict. R. S. 1899, sec. 800. (2) The damages assessed were so excessive as to show the jury were actuated by bias and prejudice and disregarded the instructions of the court, because the plaintiff admits his foot was not so severely injured as to attract…

1Opinion of the CourtJohnson, J.

Plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligence of defendant, his employer. The answer is a general denial. The cause was tried to a jury and is here on writ of error from judgment in favor of plaintiff.

Defendant is extensively engaged in the business of meat packing at St. Joseph. For two months or more prior to his injury plaintiff had been employed in the washroom of the oleomargarine department of defendant’s packing establishment. Within this room was a smaller box-like room called the steam room in which the iron trees used in…

2Cases cited5 opinions

  1. Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
  2. Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
  3. Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
  4. Lucey v. Hannibal Oil Co.Supreme Court of Missouri · 1895
  5. Thompson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900

3Cited by4 opinions

  1. Security Mutual Casualty Co. v. Rainey (In Re Rainey)United States Bankruptcy Court, D. Oregon · 1979
  2. Cunningham v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1911
  3. Tripp v. ChoateSupreme Court of Missouri · 1967
  4. Elmore v. Missouri Pacific RailroadSupreme Court of Missouri · 1957

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