Fitzjohn v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. The trial judge set aside the verdict on the sole ground that it was against the weight of the evidence. That action, we insist, was error. The verdict is sustained by the decided weight of the evidence.
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Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. The trial judge set aside the verdict on the sole ground that it was against the weight of the evidence. That action, we insist, was error. The verdict is sustained by the decided weight of the evidence. The jury reached the verdict after being fully instructed as to the weight of the evidence, and that it did “not alone depend upon the number of witnesses,” and after being fully instructed as to what they should consider in determining the credibility of the witnesses, and also as to their right to disregard the…
1Opinion of the CourtMarshall, J.
This is an action for ten thousand dollars damages for personal injuries alleged to *78have been sustained by the plaintiff, while a passenger-on and while alighting from one of the defendant’s ears, at the corner of Jefferson avenne and Morgan street,, in the city of St. Lonis, on July 7, 1901. There was a verdict for the defendant, and thereafter the court sustained the plaintiff’s motion for a new trial, upon the ground that the verdict was against the weight of the evidence, and the defendant appealed. So far as necessary the facts will be stated in the course of the opinion.
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2Cases cited1 opinion
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
3Cited by10 opinions
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- James D. Ridgway, Jr. v. Director of RevenueMissouri Court of Appeals · 2019
- Markman v. Bi-State Transit SystemSupreme Court of Missouri · 1970
- Ordelheide v. Berger Land Co.Supreme Court of Missouri · 1907
- Baker v. GatesSupreme Court of Missouri · 1919
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