Morris v. Barnes
Supreme Court of Missouri
Appeal from Livingston Circuit Court. The facts are sufficiently stated in the opinion. The verdict of the jury was clearly against both the law and evidence in the cause, and wholly unauthorized by either. (19 Mo. 433; 1 Pars. Contr. 530, § 1; 14'Wend. 209; 5 Cow. 531; 20 Barb. 387; see Stat. Limit., 2 vol. Mo. Stat. 1048, § 3.)
1Opinion of the Court
Dryden, Judge,
delivered the opinion of the court.,
The instructions given by the Circuit Court put the case to the jury as favorably for the appellant as he could ask. So far then as giving or refusing instructions is concerned, we could find no warrant for interfering with the judgment, but the verdict is, in our view, so glaringly against the evidence, that we are constrained to send the case back for a new trial. In doing this we do not violate the rule this court has long and uniformly acted on ; not to interfere with a verdict merely on the ground that it is against the weight of the…
2Cases cited1 opinion
- Hartt v. LeavenworthSupreme Court of Missouri · 1848
3Cited by21 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Hart v. HessSupreme Court of Missouri · 1867
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
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