McCaslin v. Ellsworth Coal Co.

The opinion of the court was delivered by

Harvey, J.;

This is an action for damages for personal injury. It was tried to a jury, who returned a verdict for plaintiff for $290. Plaintiff filed a motion for a new trial, on the ground that the verdict was inadequate, that it was contrary to the evidence and the law, and given under the influence of passion and prejudice. The court overruled this motion, and plaintiff has appealed.

The action is predicated upon the Missouri statute (Rev. Stat. 1919, § 4233). The petition alleged, in substance, that plaintiff was employed as a blacksmith by defendant…