Legal Opinion

Stolze v. St. Louis Transit Co.

Supreme Court of Missouri

Decided May 24, 1905PublishedCited by 7 opinions

Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. The damages awarded bear no just proportion to the injuries sustained. They are grossly excessive. In everything except the estimation of the damages for pain, the damages are a mere matter of calculation.

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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. The damages awarded bear no just proportion to the injuries sustained. They are grossly excessive. In everything except the estimation of the damages for pain, the damages are a mere matter of calculation. Eliminate from the calculation the two thousand dollars in the above excessive ¿stimate, and the actual calculable damages would be less than three thousand dollars, and the remainder of this grossly excessive verdict would have to rest,- to the extent of twelve thous- and dollars, alone upon the pain of body and mind of…

1Opinion of the CourtBrace, P. J.

This is an appeal by tbe defendant from a judgment of tbe circuit court of St. Charles county in favor of the plaintiff for tbe sum of $15,000, in an action for damages for personal injuries caused by a'collision of two of defendant’s cars, on one of wbicb be was a passenger, in wbicb tbe only error assigned is th,at tbe verdict of tbe jury upon wbicb tbe judgment was rendered is grossly excessive.

Plaintiff was injured on tbe 28th of July, 1901, and tbe trial was on December 10, 1902. It appears from tbe evidence that at tbe time of tbe collision tbe plaintiff was about eighteen years and six…

2Cases cited1 opinion

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902

3Cited by7 opinions

  1. Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
  2. Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. Campbell ex rel. Campbell v. United Railways Co.Supreme Court of Missouri · 1912
  4. Latson v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  5. Clifton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1911

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