McGraw v. O'Neil
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Shannon O. Douglass, Judge. (1) .An excessive verdict may sometimes be cured by remittitur; but there are exceptional cases including such excessive verdicts as in the case at bar, where the excess in a verdict is not curable by remittitur. Hewitt v. Steele, 118 Mr. 474; Watt v. Watt, L. R., App.
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Appeal from Jackson Circuit Court. — Hon. Shannon O. Douglass, Judge. (1) .An excessive verdict may sometimes be cured by remittitur; but there are exceptional cases including such excessive verdicts as in the case at bar, where the excess in a verdict is not curable by remittitur. Hewitt v. Steele, 118 Mr. 474; Watt v. Watt, L. R., App. Cas. 115; Gurley v. Railroad, 104 Mo. 233; Burdict v. Railroad, 123 Mo. 238; Rodney v. Railroad, 127 Mo. 693; Chit-ty v. Railroad, 148 Mo. 77, 166 Mo. 435; Smoot v. Kansas City, 92 S. W. 365; Ice Co. v. Tamm, 90 Mo. App. 200; Sheedy y. Brick Works, 25 Mo.…
1Opinion of the CourtJohnson, J.
Action to recover damages for the conversion of personal property. Plaintiff had judgment and an appeal was allowed defendants to the Supreme Court, but on motion therein filed the cause was transferred to this court on the ground that the Supreme *694Court had no jurisdiction over it. After recovering judgment in the trial court, the plaintiff, John McGraw, died and the action now stands revived in the name of the administrator of his estate.
The facts necessary to a proper understanding of the case thus may be stated. Mr. McGraw, who was a farmer and stockman living in Kentucky, bought two…
2Cases cited28 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Charles Basil Pekar v. United StatesCourt of Appeals for the Fifth Circuit · 1963
- Sunset Acres Motel, Inc. v. JacobsSupreme Court of Missouri · 1960
- Berry v. AllgoodSupreme Court of Missouri · 1984
- Pecos & N. T. Ry. Co. v. BishopCourt of Appeals of Texas · 1913
- Calkins v. EngleMissouri Court of Appeals · 1927
8 more not listed; retrieve them via the Exa API.