Hays v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. There is no evidence of permanent disabilities whatsoever. The only permanent injury plaintiff received was a slight scratch on the face, which would tend to disappear with time. For this slight scratch she received a verdict and judgment of $4000. Such a judgment is grossly excessive.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. There is no evidence of permanent disabilities whatsoever. The only permanent injury plaintiff received was a slight scratch on the face, which would tend to disappear with time. For this slight scratch she received a verdict and judgment of $4000. Such a judgment is grossly excessive. In fact, said verdict was so grossly excessive as to be indicative of passion, prejudice and partiality on the part of the jury. Clifton v. Railroad, 232 Mo. 708'; Adams v. Railroad, 100 Mo. 555; Ice Company v. Tamm, 90 Mo. App. 202;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff, suing by her father as next friend, recovered and defendant prosecutes the appeal.
But one argument is advanced here for a reversal of the judgment and that relates to the amount of the recovery. The jury assessed plaintiff’s damages at the sum of $4000’, and the amount is said to be excessive. No question whatever is made touching the right of recovery or pertaining to the proceedings had at the trial. It appears that plaintiff, Frances B. Hays, is a young girl,…
2Cases cited5 opinions
- Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Dimmitt v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1890
- Buckry-Ellis v. Missouri Pacific RailroadMissouri Court of Appeals · 1911
- Chipman ex rel. Chipman v. Union Pacific RailroadUtah Supreme Court · 1895
- Honeycutt v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
3Cited by3 opinions
- Dailey v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1921
- Pittman v. B. & L. Concessions, Inc.District Court, W.D. Missouri · 1950
- Sponable v. WarnickeSupreme Court of Kansas · 1934