Wallis v. City of Westport
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. . (1) "While the question of damages in a personal injury-case is peculiarly one for a jury to decide, yet the jury can not give any amount they please. The verdict in this case was excessive in the opinion of the trial court to the amount of $350, and is still excessive. Weinberg v. Railway, 139 Mo. 286; Eranklin v. Eishe-r, 51 M-o.
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Appeal from the Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. . (1) "While the question of damages in a personal injury-case is peculiarly one for a jury to decide, yet the jury can not give any amount they please. The verdict in this case was excessive in the opinion of the trial court to the amount of $350, and is still excessive. Weinberg v. Railway, 139 Mo. 286; Eranklin v. Eishe-r, 51 M-o. App. 345; Chitty v. Railroad, 49 S. W. Rep. 868; Haynes v. Trenton, 108 Mo. 123; Eairgrieve v. Moberly, 39 Mo. App. 31. (2) Instruction number 4, on behalf of the plaintiff, is error, in…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the plaintiff, a married woman, against defendant, a city of the third class, to recover damages for personal injuries-received by the former in consequence of the negligent defect in a sidewalk in -one of -the streets of the latter. There was a trial in the circuit court resulting in á verdict for $1,750. The defendant filed a motion for a new trial, in which one of the grounds assigned therefor was that the verdict was excessive in amount. Pending this motion, plaintiff remitted $350 of the amount of the verdict; and thereupon, the motion was *526overruled,…
2Cases cited9 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Blake v. City of St. LouisSupreme Court of Missouri · 1867
- Ross v. Kansas CityMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- City of Stillwater v. SwisherSupreme Court of Oklahoma · 1906
- Becker v. Lincoln Real Estate & Building Co.Missouri Court of Appeals · 1906
- Kroner v. St. Louis Transit Co.Missouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.