Devine v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The verdict of the jury is not excessive. (2) The granting of a new trial on the ground assigned ■ — assuming that the trial court had such power — was an abuse of judicial discretion. (3) In passing on this question this court ought to assume that the plaintiff’s evidence is true, and indulge in her favor every fair and reasonable inference which the evidence sustains.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The verdict of the jury is not excessive. (2) The granting of a new trial on the ground assigned ■ — assuming that the trial court had such power — was an abuse of judicial discretion. (3) In passing on this question this court ought to assume that the plaintiff’s evidence is true, and indulge in her favor every fair and reasonable inference which the evidence sustains. (4) Section 28, art. 2, of our Constitution, declares that the right of trial by jury, “as heretofore enjoyed, shall remain inviolate.” The granting of a…
1Opinion of the Court
BROWN, C.
The appellant seeks to recover damages for personal injury suffered by her in the city of St. Louis by falling through a cinder sidewalk on Brannon avenue. The cinder surface broke under her weight so that her foot went through into an excavation beneath it in such a manner as to seriously sprain her ankle. This occurred on January 4, 1908, and the ankle was still weak at the time of the trial, on March 14, 1910. There was much conflicting evidence as to her disability during the time intervening between the injury and the trial. The jury returned a verdict for $2000. The defendant…
2Cases cited12 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cochran v. WilsonSupreme Court of Missouri · 1921
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
- City of St. Louis v. SmithSupreme Court of Missouri · 1930
- Hunt v. Gus Gillerman Iron & Metal Co.Supreme Court of Missouri · 1931
9 more not listed; retrieve them via the Exa API.