Lemoine v. Cook
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The court erred (1) in giving plaintiff’s first instruction, and (2) in refusing to give the refused instruction offered on behalf of defendant, and (3) in overruling the motion for a new trial.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. The court erred (1) in giving plaintiff’s first instruction, and (2) in refusing to give the refused instruction offered on behalf of defendant, and (3) in overruling the motion for a new trial. Wright v. Jacobs, 61 Mo. 22 ; Bank v. Armstrong, 62 Mo. 73 ; Moffatt v. Conklin, 35 Mo. 453; Camp v. Heelan, 43 Mo. 591 ; Fulkerson v. Thornton, 68 Mo. 468; Ely v. St. Louis, 77 Mo. 36; Brown v. Chicago, 80 Mo. 460, and cas. cit. ; Mansur 'o. Botts, 80 Mo. 658, and cas. cit.; Melvin v. St. Louis, 89 Mo. 107; Kennedy v.…
1Opinion of the CourtRombauer, P. J.
The defendant was, at the date of the grievance hereinafter mentioned, the owner and keeper of a vicious and ferocious dog, who bit the plaintiff, on the public highway, April 19, 1888. The plaintiff thereupon instituted suit for the recovery of damages caused to him May 14, 1888, and recovered judgment for four hundred dollars, October 13, 1888.
The only error properly saved by motion for new trial and now assigned by the appealing defendant is, that under the pleadings in the case, the court misdirected the jury on the question of damages, and that the verdict is excessive.
The petition…
2Cases cited3 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Moffatt v. ConklinSupreme Court of Missouri · 1865
3Cited by2 opinions
- Cook v. RedmanMissouri Court of Appeals · 1891
- Colburn & Hamilton v. Brunswick Flour Co.Missouri Court of Appeals · 1892