Legal Opinion

Ball v. Lusk

Missouri Court of Appeals

Decided April 14, 1915Published

Appeal from Howell County Circuit Court. — Hon. W. N. Evans, Judge. There was an entire failure of proof of any damage beyond the value of the steer killed, and the verdict is excessive beyond that sum of $45.38 and in no event can stand for a greater sum.

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Appeal from Howell County Circuit Court. — Hon. W. N. Evans, Judge. There was an entire failure of proof of any damage beyond the value of the steer killed, and the verdict is excessive beyond that sum of $45.38 and in no event can stand for a greater sum. Express Co. v. Coringer, 226 U. S. 491; Railroad v. Miller, 226 U. S. 513; Railroad v. Latta, 226 U. S. 519; Express Co. v. NeimanMarcus, 227 U. S. 469; Railroad v. Carl, 227 U. S. 369; Railroad v. Harriman Bros., 227 U. S. 657; Railroad v. Cramer, 232 U. S. 490; Railroad v. O’Conner, 232 U. S. 508; Railroad v. Hooker, 233 U. S. 97. (1)…

1Opinion of the CourtFarrington, J.

Plaintiffs (the respondents here) recovered a judgment in the trial court for damages growing out of a shipment of live stock from Imboden, Arkansas, to Brandsville, Missouri. The defendants are the receivers of the common carrier that handled the shipment, and appeal from the judgment for $150, assigning several grounds of error..

At the oral argument counsel for appellants consented that the judgment be sustained for the sum of $48, the value of a steer that had a broken leg when it reached the destination point and which was left in defendants’ charge and killed.

The items of damage claimed…

2Cases cited6 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  3. Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
  4. McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
  5. Gaibout v. ClarkMissouri Court of Appeals · 1887

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