Clark v. Fairley
Missouri Court of Appeals
Appeal from the St Louis Circuit Court, Hon. Shepard Barclay, Judge. The court erred in admitting incompetent evidence offered on behalf of plaintiff. Rev. Stat. 1879, sec. 6688. Tbe verdict and judgment in this case are overwhelmingly against tbe weight of tbe evidence and present a fit case for tbe interference of tbis court. Hipsley v. Railroad, 88 Mo. 348; Ackley v. BtaeMin, 56 Mo. 558; BpoTin v. Railroad, 87 Mo. 74, dissenting opinion of Judge Sherwood therein.
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Appeal from the St Louis Circuit Court, Hon. Shepard Barclay, Judge. The court erred in admitting incompetent evidence offered on behalf of plaintiff. Rev. Stat. 1879, sec. 6688. Tbe verdict and judgment in this case are overwhelmingly against tbe weight of tbe evidence and present a fit case for tbe interference of tbis court. Hipsley v. Railroad, 88 Mo. 348; Ackley v. BtaeMin, 56 Mo. 558; BpoTin v. Railroad, 87 Mo. 74, dissenting opinion of Judge Sherwood therein. Instruction number eleven tells tbe jury that if they find for plaintiff they are also at liberty to add to the actual damage…
1Opinion of the CourtRombauer, P. J.
Our opinion on a former appeal in this case is reported in 24 Mo. App. 429, to which report we refer for a fuller, statement of the facts. The action is one to recover damages for injuries sustained by plaintiff by the kick of a mule. Defendánt is sought to be charged for such injuries because he forcibly threw the plaintiff near, or. against the mule, which led to the accident.
Before the re-trial of the cause the plaintiff amended his petition so as to conform to suggestions made in our former opinion, and the defendant amended his answer so as to set up the plea of contributory negligence.…
2Cases cited9 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Franz v. HilterbrandSupreme Court of Missouri · 1869
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3Cited by17 opinions
- Bindbeutal v. Street Railway Co.Missouri Court of Appeals · 1891
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Fulkerson v. MurdockMissouri Court of Appeals · 1893
- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
- Simmons Ex Rel. Simmons v. JonesMissouri Court of Appeals · 1962
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