Wells v. Sanger
Supreme Court of Missouri
Appeal from, Callaway Circuit Court. The case is stated in the opinion of the court. 1. The verdict was obtained by the fraud of the plaintiff in suppressing the truth, and should be set aside. ‘ 2. The damages are excessive. (15 Mass. 365. 4 Mass. 1. 16 Pick. 541. 13 Mo. 427. 5 Mo. 205.) 3. The surprise of the defendant at the trial is a ground for setting aside the verdict.
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Appeal from, Callaway Circuit Court. The case is stated in the opinion of the court. 1. The verdict was obtained by the fraud of the plaintiff in suppressing the truth, and should be set aside. ‘ 2. The damages are excessive. (15 Mass. 365. 4 Mass. 1. 16 Pick. 541. 13 Mo. 427. 5 Mo. 205.) 3. The surprise of the defendant at the trial is a ground for setting aside the verdict. (Practice Act, art. 11, § 3. 1 A. E. Marsh. 334. 2 McCord, 313. 3 McCord, 258. 9 Lana, 134. 25 Wend. 263. 1 Iowa, 134. 7 Monroe, 59. 2 Sm. & M. 313.) 4. The newly discovered evidence was good cause for a new trial. (7…
1Opinion of the CourtRyland, Judge
This was an action by plaintiff against Sanger & Burnell, part owners of a stage coach, for injuries received by the plaintiff from the upsetting of the coach in which the plaintiff was at the time a passenger.
*355During the progress of the ease in the court below, the defendant, Burnell, died, and Preston B. Reed, the administrator of his estate, was duly made a party defendant.
The case was tried by a jury in the Callaway Circuit Court, at the April term, 1855, and a verdict rendered for the plaintiff for eleven hundred dollars. A motion was made by defendants for a new trial, which being…
2Cases cited6 opinions
- State v. BleekleySupreme Court of Missouri · 1853
- M'Menomy v. FerrersNew York Supreme Court · 1808
- Jackson ex dem. Wolcott v. CrosbyNew York Supreme Court · 1815
- Beauchamp v. SconceSupreme Court of Missouri · 1848
- Jackson ex dem. Gardner v. LairdNew York Supreme Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- State v. RaySupreme Court of Missouri · 1873
- Hoskins v. HightSupreme Court of Alabama · 1891
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- State v. GardnerOregon Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.