Smith v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. Thomas Seehorn, Judge. (1) The excessive verdict was not cured by the remittitur which the court ordered.
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Appeal from Jackson Circuit Court. — lion. Thomas Seehorn, Judge. (1) The excessive verdict was not cured by the remittitur which the court ordered. The remittitur merely brings the verdict down to the maximum allowed by this.court in the personal injury cases and does not preserve the deduction from the gross amount of damages which the jury apparently made or intended to make in the verdict, (a) There was evidence from which the jury could have found that the plaintiff was guilty of contributory negligence, (b) Total amount of damages demanded by plaintiff was $75,000. (c) The jury’s…
1Opinion of the Court
WHITE, C.
The plaintiff in an action for personal injuries was awarded a verdict against defendant in the Circuit Court of Jackson County for $37,500. Defendant’s motion for new trial was overruled on condition that the plaintiff remit $12,500 from the verdict. This was accordingly done, judgment entered for $25,000, and the motion overruled. Thereupon the defendant appealed to this court.
The plaintiff was a brakeman in the service of the defendant. He was injured January 10, 1914, at Bates, Arkansas. Pie was working on a branch line running from Hetherman, Oklahoma, to Waldron, Arkansas. When…
2Cases cited8 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- Gordon v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Buttiger v. HaidSupreme Court of Missouri · 1932
- Mayne v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Roy v. Kansas CityMissouri Court of Appeals · 1920
- State v. ChristopherSupreme Court of Missouri · 1927
- Steinberg v. Merchants Bank of Kansas CitySupreme Court of Missouri · 1933