Baker v. City of Independence
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. H. P. Gates, Judge. (1) The verdict is not excessive. The amount of the verdict does not show either prejudice or passion. Verdiets should not be set aside on the ground of excessive damages in cases where the amount of damages is left to the discretion of the jury, unless the damages assessed are so extravagant as to bear evident marks of passion, prejudice or corruption.
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Appeal from the Jackson Circuit Court. — Hon. H. P. Gates, Judge. (1) The verdict is not excessive. The amount of the verdict does not show either prejudice or passion. Verdiets should not be set aside on the ground of excessive damages in cases where the amount of damages is left to the discretion of the jury, unless the damages assessed are so extravagant as to bear evident marks of passion, prejudice or corruption. Goetz v. Ambs, 27 Mo. 28; Kennedy v. Eailroad, 36 Mo. 351; Burdoin v. Town of Trenton, 116 Mo. 374; Goins v. Moberly, 127 Mo. 116;' Clark v. Eailroad, 127 Mo. 197; Eobyn v.…
1Opinion of the CourtEllison, J.
— Plaintiff was injured by falling on one of defendant’s sidewalks and sued defendant for damages, wherein she recovered a judgment for $1,800. On defendant’s application a new trial was granted and plaintiff appealed from that order. . The grounds or reasons stated by the trial court for sustaining the motion are as follows:
“That the verdict is excessive in the amount of damages allowed plaintiff; because the verdict was against the weight of the evidence; because the defendant has discovered new and material evidence since the trial of the-cause.”
If any one of the reasons' assigned by the…
2Cases cited5 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Longdon v. KellyMissouri Court of Appeals · 1892
- Baughman v. FultonSupreme Court of Missouri · 1897
- Mason v. OnanMissouri Court of Appeals · 1896
- Lawson v. MillsSupreme Court of Missouri · 1895
3Cited by3 opinions
- Baker v. City of IndependenceMissouri Court of Appeals · 1902
- Campbell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1903