Haycraft v. Griggsby
Missouri Court of Appeals
Appeal from Audrain Circuit Court-. — Hon. Elliott M.. Hughes, Judge. The verdict of the jury was against the evidence. The-evidence shows beyond any and all doubt that the punishment so inflicted was not only excessive but that it was most cruel and barbarous.
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Appeal from Audrain Circuit Court-. — Hon. Elliott M.. Hughes, Judge. The verdict of the jury was against the evidence. The-evidence shows beyond any and all doubt that the punishment so inflicted was not only excessive but that it was most cruel and barbarous. Tbe verdict was evidently tbe result of mistake, sympathy, prejudice, bias or passion on the part of the jury, and in such cases the court will not permit such a-verdict and judgment to stand, as the appellate courts in this State have repeatedly set aside verdicts and judgments in like cases. Ohitty v. Eailroad, 148 Mo. 64; Og'lesby…
1Opinion of the CourtGoode, J.
This case was before us on a former appeal and the judgment was then reversed and the cause remanded to be retried because of certain erroneous directions to the jury. Haycraft v. Griggsby et al., 88 Mo. App. (St. L.) 354.
We have perused the voluminous printed record sent up on this appeal and find that it was tried a second time on *76evidence and instructions not materially different from what were, contained in tbe former record except that tbe court’s instructions were corrected in respect to the faults pointed out in the opinion of this court; so that the issues were fairly submitted to the…
2Cited by1 opinion
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