Snyder v. Wabash Railroad Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) . The court committed error in refusing to grant a new trial on the ground that the preponderance of the evidence against the verdict was so strong as to raise the presumption of prejudice or partiality on the part of the jury. Price v. Evans, 49 Mo. 396; Spohn v. Railroad, 87 Mo. 74; Walton v. Railroad, 49 Mo. App. 620; Empey v. Railroad, 45 Mo.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) . The court committed error in refusing to grant a new trial on the ground that the preponderance of the evidence against the verdict was so strong as to raise the presumption of prejudice or partiality on the part of the jury. Price v. Evans, 49 Mo. 396; Spohn v. Railroad, 87 Mo. 74; Walton v. Railroad, 49 Mo. App. 620; Empey v. Railroad, 45 Mo. App. 422; Garrett v. Greenwell, 92 Mo. 120; State v. Primm, 98 Mo. 368. (2) The court committed error in giving instruction number 2 on the part of the plaintiff. There being no…
1Opinion of the CourtSmith, P. J.
— This is an action to recover damages for the wrongful ejection of plaintiff by the defendant from one of its passenger trains. There was a trial and judgment for plaintiff from which defendant has appealed.
I. The defendant assigns for error the action of the trial court in refusing its second instruction which told the jury that if they found for plaintiff they should assess his damages at such sum, not exceeding twenty-five hundred dollars, as they believed from the evidence would reasonably compensate him for the amount paid out for the whole ticket from Arkansas City, Kansas, to Pana,…
2Cases cited9 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Price v. EvansSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Dalzell v. Dean Hotel Co.Missouri Court of Appeals · 1916
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
- Smith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Smith v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.