Morris v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman} Judge. (1) Now we recognize the well-settled rule that it is the province of the trial court to grant new trials where, in its opinion, the verdict is against the weight -of the evidence, and that it is the duty of such court to grant'a new trial when the verdict is manifestly or clearly wrong, or when it appears to be the result of passion, prejudice, or corruption on the’part of the jury.
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Appeal from Pettis Circuit Court. — Eon. Louis Hoffman} Judge. (1) Now we recognize the well-settled rule that it is the province of the trial court to grant new trials where, in its opinion, the verdict is against the weight -of the evidence, and that it is the duty of such court to grant'a new trial when the verdict is manifestly or clearly wrong, or when it appears to be the result of passion, prejudice, or corruption on the’part of the jury. The books are full of authorities sustaining these propositions. (2) The doctrine is also firmly established in our jurisprudence, that in personal…
1Opinion of the CourtJohnson, J.
This suit is for damages alleged to have been caused by the discharge by defendant of sewage'from its machine shops at Sedalia into a natural watercourse which flows through land of jdaintiff in the vicinity of the shops. The trial resulted in a verdict for plaintiff in the sum of $1,000. Afterward, the court granted plaintiff a new trial on the following grounds stated in his motion:
“4th. Because the court erred in not more severely reprimanding counsel for defendant in his argument to the jury when such counsel discussed a proposition he had made in open court to have the jury go and…
2Cases cited1 opinion
- McDonald v. . WalterNew York Court of Appeals · 1869
3Cited by6 opinions
- Kelley v. PeeplesMissouri Court of Appeals · 1915
- Southern Real Estate & Financial Co. v. Bankers Surety Co.Supreme Court of Missouri · 1918
- Abbey v. AltheimerMissouri Court of Appeals · 1924
- Aron v. ReszMissouri Court of Appeals · 1961
- Powell v. BatchelorMissouri Court of Appeals · 1915
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