Merrill v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The verdict was excessive. In such case the judgment will be reversed. Benson v. Railroad Co., 78 Mo. 504; Marshall v. Railroad Co., 78 Mo. 610. (2) It was error to admit John Merrill as a party plaintiff during the progress of the trial. He was a necessary party (R. S. § 3468) and could have been brought in by an amendment of the petition.
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Appeal from St. Louis Court of Appeals. (1) The verdict was excessive. In such case the judgment will be reversed. Benson v. Railroad Co., 78 Mo. 504; Marshall v. Railroad Co., 78 Mo. 610. (2) It was error to admit John Merrill as a party plaintiff during the progress of the trial. He was a necessary party (R. S. § 3468) and could have been brought in by an amendment of the petition. R. S. § 3568. But it was evident Mrs. Merrill was engaged in perpetrating a fraud upon the court in posing as a single woman, and she should have been punished by compelling her to submit to a nonsuit and to…
1Opinion of the Court
Philips, C.
-This is an action to recover damages for injuries sustained by the plaintiff, Hannah M. Merrill, from falling through a coal hole in the sidewalk on *248one of the streets of St. Louis city. The action was brought in the name of said Hannah alone, as if she were a feme sole. The petition alleged that the legal title to the real estate adjoining the sidewalk, where the injury occurred, was in James M. Duffer, who held the same in trust to the sole use of his wife, Lucinda M. Duffer, who were made co-defendants with the city of' St. Louis. It was further alleged that said premises were…
2Cases cited16 opinions
- Dillingham v. StateOhio Supreme Court · 1855
- People v. LambierNew York Supreme Court · 1847
- Young v. GlascockSupreme Court of Missouri · 1883
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- State v. WagnerSupreme Court of Missouri · 1883
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3Cited by35 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
30 more not listed; retrieve them via the Exa API.