Norris v. Whyte
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) "Where damages awarded by the jury are excessive and unwarranted, the Supreme Court will award, a new trial. G-oetz v. Arabs, 22 Mo. 170; Sawyer v. Railroad, 37 Mo. 241; Eurnish v. Railroad, 102 Mo. 148; Johnson v. Railroad, (Minn.) 69 N. W. Rep. 900. (2) Upon plaintiff’s own showing this case should be reversed on account of misconduct of counsel in argument. Gibson v. Zeitig, 24 Mo.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) "Where damages awarded by the jury are excessive and unwarranted, the Supreme Court will award, a new trial. G-oetz v. Arabs, 22 Mo. 170; Sawyer v. Railroad, 37 Mo. 241; Eurnish v. Railroad, 102 Mo. 148; Johnson v. Railroad, (Minn.) 69 N. W. Rep. 900. (2) Upon plaintiff’s own showing this case should be reversed on account of misconduct of counsel in argument. Gibson v. Zeitig, 24 Mo. App. 66; Norton v. Railroad, 40 Mo. App. 642; Ensor v. Smith, 57 Mo. App. 584; Smith v. Western Union Tel. Co., 55 Mo. App. 626; Williams v.…
1Opinion of the CourtMarshall, J.
Action for an assault and battery.
Tke damages are laid in tke sum of ten thousand dollars, of which five hundred dollars is claimed for medical attention and medicines, and five hundred dollars for time lost.
*23The petition charges that the assault and battery occurred on the--day of September, 1896, and avers that the bones of the plaintiff’s face were broken, his eyesight nearly destroyed, concussion of the brain and paralysis produced, besides other wounds and bruises inflicted. The answer is a general denial and a special plea that the plaintiff came into defendant’s store.in Kansas City,…
2Cases cited8 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State v. WelsorSupreme Court of Missouri · 1893
- State v. DuncanSupreme Court of Missouri · 1893
- State v. ReedSupreme Court of Missouri · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Mowry v. NormanSupreme Court of Missouri · 1909
- Johanson v. HuntsmanUtah Supreme Court · 1922
- Jones v. Cooley Lake ClubMissouri Court of Appeals · 1906
- State v. InichMontana Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.