Dowd v. Westinghouse Air Brake Co.
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The verdict was against the great weight of evidence so far as adequately and fairly compensating plaintiff in error for the injuries he received, and was contrary to the instruction of the court regarding the measure of damages.
Read the full summary
Error to St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The verdict was against the great weight of evidence so far as adequately and fairly compensating plaintiff in error for the injuries he received, and was contrary to the instruction of the court regarding the measure of damages. It was a perverse verdict which is not sustained by any evidence either of the plaintiff or defendant in error, and a careful reading of the record shows that it was the result of bias, prejudice, or passion, and another jury should be given the opportunity to try the case anew. 1 Graham and Waterman…
1Opinion of the CourtBuegess, J.
Plaintiff sued for $10,000 damages for injuries received by Mm while in tbe employ of defendant, caused by the falling of an embankment upon him while engaged in digging an excavation for said company.
On a trial before a jury plaintiff recovered a verdict for $100, and after moving to set the verdict aside and for a new trial, and the same being overruled, he sued out his writ of error to the St. Louis court of appeals. The case was certified by that court to this, because of the amount in controversy, $9,900, being in excess of its jurisdiction.
At the time of the injury plaintiff was about…
2Cases cited3 opinions
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Pritchard v. HewittSupreme Court of Missouri · 1887
- Boggess v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
3Cited by19 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
14 more not listed; retrieve them via the Exa API.