Hopkins v. City of Springfield
Missouri Court of Appeals
Appeal from Greene Circuit Court — Hon. Aldred Page, Judge. (1) The discretion of the trial court in granting a new trial is properly exercised only when there is contradictory or conflicting evidence. Bohle v. Merc. Co., 114 Mo.
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Appeal from Greene Circuit Court — Hon. Aldred Page, Judge. (1) The discretion of the trial court in granting a new trial is properly exercised only when there is contradictory or conflicting evidence. Bohle v. Merc. Co., 114 Mo. App. 439; Casey v. Transit Co., 186 Mo. 229; Bank v. "Wood, 124 Mo. 76; Wells v. Andrews, 133 Mo. 667. (2) The amount of damages to be awarded to plaintiff as compensation for such injury is a matter exclusively within the province of the jury to determine. ■ We have no other scales with which to estimate human suffering or value personal injury, than the…
1Opinion of the CourtGray, J.
The plaintiff obtained a verdict in the circuit court of Greene county, for $2500, against the defendant city, and the court granted a new trial, on the ground that the verdict was excessive, and plaintiff appealed.
The plaintiff claimed that he was injured by falling on a defective street crossing. At the time he was forty-six years old, and was a common laborer, earning two dollars per day. He testified that while walk*686ing on one of the streets of the defendant, and on account of the defective condition thereof, he fell, and by the force of the fall, a nail was driven through the palm of Ms…
2Cases cited11 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Morrell v. LawrenceSupreme Court of Missouri · 1907
- Kuenzel v. StevensSupreme Court of Missouri · 1900
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1901
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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3Cited by4 opinions
- McWilliams v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1913
- Van Hoose v. Southwestern Machinery Co.Missouri Court of Appeals · 1913
- Miles v. HaneyMissouri Court of Appeals · 1915
- Rosemann v. United Railways Co.Missouri Court of Appeals · 1917