Parman v. Kansas City
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — -Hew. Edw. P« Gates, Judge. (1) Plaintiff’s instruction on measure of damages is too vague and should not have been given. Hawes v. Stock Yds. Co., 103 Mo. 60; Camp v. Railroad, 94 Mo. App. 272; Badgley v. St. Louis, 149 Mo. 134; Stephen v. Railroad, 96 Mo. 207. (2) One of the jury was unable to write his name and hence there was not a competent jury in the cause. The court erred in not granting a new trial for this reason.
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Appeal from Jackson Circuit Court. — -Hew. Edw. P« Gates, Judge. (1) Plaintiff’s instruction on measure of damages is too vague and should not have been given. Hawes v. Stock Yds. Co., 103 Mo. 60; Camp v. Railroad, 94 Mo. App. 272; Badgley v. St. Louis, 149 Mo. 134; Stephen v. Railroad, 96 Mo. 207. (2) One of the jury was unable to write his name and hence there was not a competent jury in the cause. The court erred in not granting a new trial for this reason. R. S. 1899, sec. L 3799; State v. Welsor, 111 Mo. 571; Johnson v. State, 21 Tex. App. 378; Rainey v. State, 20 Tex. App. 473; Mabry v.…
1Opinion of the CourtEllison, J.
This action is for damages alleged to have resulted to plaintiff by reason of a fall on one of defendant’s sidewalks alleged to have been negligently maintained. The judgment in the trial court was for plaintiff. It appears from the record that the verdict was found by the concurrence of ten of the jurors and that one of these signed the verdict by what is commonly known as making his mark; that is, his name was signed by one of the other jurors and he made his *693mark, or cross, thereon. The verdict and judgment is attacked for the reason that the juror not being able to write was not a…
2Cases cited8 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ogan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Hufford v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Brown v. St. Louis Transit Co.Missouri Court of Appeals · 1904