Legal Opinion

Leahy v. Davis

Supreme Court of Missouri

Decided March 24, 1894PublishedCited by 22 opinions

Appeal from St. Louis County Circuit Court. — >Hon. W. W. Edwards, Judge. (1) First. The verdict as to amount of damages is against the law, the uncontradicted evidence and weight of evidence. Second. The jury disregarded the evidence in determining the amount of damages. Lionbergerv. Pohlman, 16 Mo. App. 398; ' Borgraefe case, 22 Mo. App. 148; Reichenbach case, 22 S. W. Rep. 573. Third, the damages are grossly inadequate. Schultz v. Moon, 33 Mo.

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Appeal from St. Louis County Circuit Court. — >Hon. W. W. Edwards, Judge. (1) First. The verdict as to amount of damages is against the law, the uncontradicted evidence and weight of evidence. Second. The jury disregarded the evidence in determining the amount of damages. Lionbergerv. Pohlman, 16 Mo. App. 398; ' Borgraefe case, 22 Mo. App. 148; Reichenbach case, 22 S. W. Rep. 573. Third, the damages are grossly inadequate. Schultz v. Moon, 33 Mo. App. 341; Bishop v. Mayor, 7 Gra. 303; Frankev. St. Louis, 110 Mo. 516; Fahey v. Stanford, L. R. 10 Q. B. 54; James v. Railroad, 9 S. Rep. 335;…

1Opinion of the CourtCtANtt, P. J.

This is an action for damages by plaintiffs for alleged negligence of defendants, resulting in the death of their son, Dennis J. Leahy, who, at the time of his death, was sixteen years and ten months old. Defendants are partners conducting a wholesale dry goods business in the city of St. Louis under the firm name of Samuel C. Davis & Company.

*230The negligence complained of consisted in the construction and maintenance of the doors to the freight elevator, by which freight was discharged. This elevator ran in a shaft from the basement to the fifth floor of the business house of defendants, and…

2Cases cited15 opinions

  1. Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Gregory v. ChambersSupreme Court of Missouri · 1883
  3. Overholt v. ViethsSupreme Court of Missouri · 1887
  4. Franke v. City of St. LouisSupreme Court of Missouri · 1892
  5. Whitsett v. RansomSupreme Court of Missouri · 1883

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Bond v. United R.R. of S.F.California Supreme Court · 1911
  2. Hildreth v. KeyMissouri Court of Appeals · 1960
  3. Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
  4. Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
  5. Mennemeyer v. HartSupreme Court of Missouri · 1949

17 more not listed; retrieve them via the Exa API.

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