Dean v. Wabash Railroad
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Ro». Jas. D. Barnett, Judge. (1) The verdict is excessive. 1 Joyce on Damages, secs. 39, 100, 101, 214 and note 72 where will be found a large collection of cases on excessive and reasonable verdicts.
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Appeal from Audrain Circuit Court. — Ro». Jas. D. Barnett, Judge. (1) The verdict is excessive. 1 Joyce on Damages, secs. 39, 100, 101, 214 and note 72 where will be found a large collection of cases on excessive and reasonable verdicts. Sawyer v. Railroad, 37 Mo. 240; Adams v. Railroad, 100 Mo. 555; Brady v. Railroad, 206 Mo. 509; Rodney v. Railroad, 127 Mo. 676 ; Stolze v. Trust Co., 188 Mo. 581; Devoy v. Railroad, 192 Mo. 197. (2) The verdict is contrary to the evidence, and is the result of false testimony on the part of the plaintiff, and defendant is therefore entitled to a new trial.…
1Opinion of the CourtValliant, J.
— On February 16, 1906, plaintiff was a passenger in one of defendant’s trains going from Columbia to Centralia. When the train had reached a point about twelve miles from Centralia, where the track runs upon’ an embankment, the coach in which the plaintiff was riding left the track and turned over on its side down the embankment, so that the floor was higher than the roof of the car; the plaintiff was thrown from his seat and fell, striking his right hip against the moulding in the roof of the car, receiving severe injuries. He brought this suit against the railroad company for damages and…
2Cases cited2 opinions
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Pace v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1903
3Cited by29 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Faught Ex Rel. Faught v. WashamSupreme Court of Missouri · 1959
- Domijan v. HarpSupreme Court of Missouri · 1960
- Gulf Refining Co. v. FrazierCourt of Appeals of Tennessee · 1932
- Robinson v. FieldSupreme Court of Missouri · 1938
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