Dorset v. Chambers
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. The court erred in granting plaintiff a new trial on grounds that the verdict is against the weight of the evidence in that if plaintiff had a right to recover any amount, it should have been in excess of the amount recovered. The verdict was substantial in amount and was not in such form or amount as to shock the understanding, or convince the court that it was the result of prejudice and passion.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. The court erred in granting plaintiff a new trial on grounds that the verdict is against the weight of the evidence in that if plaintiff had a right to recover any amount, it should have been in excess of the amount recovered. The verdict was substantial in amount and was not in such form or amount as to shock the understanding, or convince the court that it was the result of prejudice and passion. Pritchard v. Hewitt, 91 'Mo. 547; Dowd v. Westinghouse Airbrake Co., 132 Mo. 579; Edwards v. Railroad, '82 Mo. App. 478; Gregory…
1Opinion of the CourtJohnson, J.
This is an action for personal .injuries plaintiff alleges were caused by negligence of defendant in the operation of his automobile. The answer is a general denial.
The jury returned a verdict for plaintiff, assessing her damages at $500'. In due time she filed a motion for a new trial and the court sustained it on the ground stated in the order “that the verdict is against the weight of the evidence in that if plaintiff had a right to recover any amount it should have been in excess of the amount recovered.” Defendant appealed.
The evidence shows that plaintiff, at the time of the injury, was…
2Cases cited10 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Pritchard v. HewittSupreme Court of Missouri · 1887
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3Cited by4 opinions
- Klinge v. Southern Pac. Co.Utah Supreme Court · 1936
- Settles v. McGinleyMissouri Court of Appeals · 1927
- Culp v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1918
- Culp v. Supreme Lodge, Knights of PythiasMissouri Court of Appeals · 1917