Farrell v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. (1) No error was committed by the court in the admission of plaintiff’s evidence. The defendant offered no evidence.
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Appeal from St. Louis City Circuit Court. — Now. Jesse A. McDonald, Judge. (1) No error was committed by the court in the admission of plaintiff’s evidence. The defendant offered no evidence. (2) The verdict under all the humiliating and outrageous circumstances of this case, which stand uncontradicted and practically admitted, is reasonable and just, and the action of the trial court in sustaining the motion for new trial on the ground that the verdict was excessive, was purely arbitrary. McGarry v. Railway, 36 Mo. App. 340; Trauerman v. Lippencott, 39 Mo. App. 487; Brown v. Railway, 51 Mo.…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— The rule of law in Missouri has been announced with incessant repetition, that the function or duty of granting a new trial rests peculiarly and specially within the sound discretion of the trial court, and unless it is manifest and apparent that its judicial discretion has been abused or that injustice has been done, its ruling in that regard will not be disturbed by an appellate court. Kuenzel v. Stevens, 155 Mo. 280; Chouquette v. Railroad, 152 Mo. 257; Lee v. Geo. Knapp & Co., 137 Mo. 385; Parker v. Cassingham, 130 Mo. 348; Bank v. Wood, 124 Mo. 72;…
2Cases cited15 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
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3Cited by4 opinions
- Markley v. Kansas City, Mo.Missouri Court of Appeals · 1926
- Boden v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Gaston, Admx. v. St. Louis Pub. Serv. Co.Missouri Court of Appeals · 1929
- Wegenschiede v. St. Louis Transit Co.Missouri Court of Appeals · 1906