Dean v. Fire Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The verdict of the jury on each of the above issues of fact is against the great weight of the evidence. The trial court, in its opinion on motion for new trial, found that the verdict was against the evidence.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The verdict of the jury on each of the above issues of fact is against the great weight of the evidence. The trial court, in its opinion on motion for new trial, found that the verdict was against the evidence. The assignment, of error in the motion for a new trial was ruled against appellant solely because the trial court believed that it had no right to set aside a verdict which is against the weight of the evidence, if there was any substantial evidence to support it. This is not the law. The law in this state is that…
1Opinion of the CourtG-ill, J.
This is a case of long standing in the courts. It was begun in 1882; has been twice brought here by the defendant (20 Mo. App. 246, and 38 Mo. App. 118); and is now here again on appeal by the same party. At former hearings, two judgments in favor of the plaintiff have been, in their order, reversed and new trials awarded because of errors by the circuit court committed during the progress of the trials. At the last, or third trial, where plaintiff again had a verdict, defendant moved for a new trial which was refused by the court.
The matter most relied on for a reversal of this third…
2Cases cited7 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- State ex rel. Albers v. HornerSupreme Court of Missouri · 1885
- McShane v. SandersonSupreme Court of Missouri · 1891
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3Cited by3 opinions
- State Ex Rel. Piepmeier v. CamrenMissouri Court of Appeals · 1931
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Spaulding v. City of EdinaMissouri Court of Appeals · 1904