Strode v. Abbott
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. S. P. Spencer, Judge. It is error for the trial court to refuse a new trial when the preponderance of the evidence against the verdict is so strong as to raise a presumption of prejudice, corruption or gross ignorance on the part of the jury. Walton v. Railway, 49 Mo. App. 620; Spohr v. Railway, 87 Mo. 74; Lyonberger v. Pohlman, 16 Mo. App. 392; Friesz v. Fallon, 24 Mo. App. 439.
1Opinion of the CourtGoode, J.
We are asked by the defendant to review the evidence in this case on an assignment that the verdict for the plaintiff’s intestate was due to the jury’s prejudice and corruption, instead of the facts. We have perused the entire record and must overrule the assignment as not well taken.
The action is one for damages and rests on allegations that the defendant, who was the deceased’s mother-in-law, maliciously induced deceased’s husband to desert her less than a year after their marriage. The husband, Walter Abbott, had been previously married to another woman, from whom he obtained a divorce,…
2Cited by2 opinions
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