Morris v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Non,. Shannon G. Douglass, Judge. (1) The court erred in granting plaintiff a new trial because under the instructions numbered 1 and 2, given at request of respondent and of which he can not complain, the jury were the sole judges as to the injuries and the damages, and they have properly found that there were no damages sustained from the negligence of defendants.
Read the full summary
Appeal from Jackson Circuit Court. — Non,. Shannon G. Douglass, Judge. (1) The court erred in granting plaintiff a new trial because under the instructions numbered 1 and 2, given at request of respondent and of which he can not complain, the jury were the sole judges as to the injuries and the damages, and they have properly found that there were no damages sustained from the negligence of defendants. (2) There was substantial evidence to support the verdict and on evidence sufficient to go to a jury their finding under proper instructions is final. Culbertson v. Hill' 87 Mo. 553. (3) The…
1Opinion of the CourtBroaddus, P. J.
The plaintiff Morris brought this suit as the husband of Sarah H. Morris to recover damages sustained by him on account of injury to his said wife, the result of a fall into an unguarded excavation in a public street of the city. The wife had previously recovered judgment for her injury against these defendants in the circuit court of Jackson county, which had been paid. The plaintiff pleaded said judgment as res adjudicate in respect to the injury to his wife, the negligence of defendants, and the absence of contributory negligence on her part. The trial was conducted upon the theory that…
2Cases cited7 opinions
- May v. CrawfordSupreme Court of Missouri · 1899
- Lovell v. DavisMissouri Court of Appeals · 1893
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Seehorn v. American National BankSupreme Court of Missouri · 1899
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Kansas City Regal Auto Co. v. Old Colony InsuranceMissouri Court of Appeals · 1915
- Asbill v. City of JoplinMissouri Court of Appeals · 1910
- Andreu v. Porto Rico Railway, Light & Power Co.Supreme Court of Puerto Rico · 1924
- Andréu v. Porto Rico Railway, Light & Power Co.Supreme Court of Puerto Rico · 1924
1 more not listed; retrieve them via the Exa API.