Haven v. Missouri Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The statute now providing for appeals “from any -order granting a new trial” (R. S. 1889, sec. 2246, as amended by laws of 1891, p. 70), it becomes the duty of the court exercising appellate jurisdiction to examine the record, award .■a new trial, reverse or affirm the judgment or decision of the •circuit court, or give such judgment as such court ought to have given.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The statute now providing for appeals “from any -order granting a new trial” (R. S. 1889, sec. 2246, as amended by laws of 1891, p. 70), it becomes the duty of the court exercising appellate jurisdiction to examine the record, award .■a new trial, reverse or affirm the judgment or decision of the •circuit court, or give such judgment as such court ought to have given. (2) In trials at common law, the jury are the proper judges of damages; and where there is no certain measure of damages, the court, ordinarily, will…
1Opinion of the CourtMarshall, J.
This is an action for damages for personal 'injuries alleged to have been sustained by 'the plaintiff while alighting from one of the defendant’s trains of cable cars, charged to have been caused by the starting of the train before the plaintiff had time to safely leave it. There was a verdict for the plaintiff for one cent damages, and upon motion of the plaintiff the- trial court granted her a new trial, “for the reason that the jury, having found that the plaintiff was entitled to recover, disregarded the court’s instructions as to the measure of damages and have shrunk from deciding the…
2Cases cited8 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Ittner v. HughesSupreme Court of Missouri · 1896
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- State ex rel. Patton v. GatesSupreme Court of Missouri · 1898
- Dowd v. Westinghouse Air Brake Co.Supreme Court of Missouri · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Cochran v. WilsonSupreme Court of Missouri · 1921
63 more not listed; retrieve them via the Exa API.