Loftus v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Hon. John G. Park, Judge. (1) This court has a superintending power over inferior courts and the final responsibility to see that justice is properly administered rests here, but this court should never interfere except “when the verdict and judgment are manifestly wrong, or shock a judicial sense of right.” Taylor v. Railroad,. 185 Mo. 260. It is primarily the duty of the jury to fix the amount of damages in this case.
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Appeal from Jackson Circuit Court.- — Hon. John G. Park, Judge. (1) This court has a superintending power over inferior courts and the final responsibility to see that justice is properly administered rests here, but this court should never interfere except “when the verdict and judgment are manifestly wrong, or shock a judicial sense of right.” Taylor v. Railroad,. 185 Mo. 260. It is primarily the duty of the jury to fix the amount of damages in this case. There is and can be no scale of measurement. It admits of no test save the intelligence and good faith of the jury. To the-jury,…
1Opinion of the Court
IN BANC.
2Per curiam
All of the opinion of Craves, J., in division, is adopted as the views of the court, except the result and those views expressed in paragraph three thereof, wherein it is held that the verdict is so excessive as to authorize an affirmance of the judgment on that ground. The majority of the court is not
*475of opinion that the size of the verdict is snch as to authorize the affirmance of the judgment, nisi. The court is of the further opinion that there is no real conflict between this case and the Davidson case mentioned in the divisional opinion, and have this day expressed more fully…
3Cases cited8 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
4Cited by27 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Mendenhall v. NeyerSupreme Court of Missouri · 1941
- Rose v. ThompsonSupreme Court of Missouri · 1940
- Lukitsch v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Powell v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1935
22 more not listed; retrieve them via the Exa API.