Highfill v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The verdict is so opposed to the great preponderance of the evidence, and so against the manifest truth of the matter, as to make it perfectly apparent that it was the result of sympathy for the plaintiff and prejudice against the defendant, and not the result of a reasonable and fair consideration of the evidence in the ease, and, therefore, the judgment of the trial court should be reversed.
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Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The verdict is so opposed to the great preponderance of the evidence, and so against the manifest truth of the matter, as to make it perfectly apparent that it was the result of sympathy for the plaintiff and prejudice against the defendant, and not the result of a reasonable and fair consideration of the evidence in the ease, and, therefore, the judgment of the trial court should be reversed. Eriesz v. Eallon, 24 Mo. App. 439; Janis v. Roentgen, 52 Mo. App. 114; Hays v. Merkle, 78 Mo. App. 389-; Steube v. Foundry Co., 85 Mo.…
1Opinion of the CourtBkoaddus, J.
— Plaintiff claims to have been injured by being struck by a swinging door, through the negligence of ' defendant’s porter, while a passenger en route on defendant’s car from St. Louis to Independence, Missouri, during the night of February 4, 1900. His home, just previous to said date, was in Stoddard county, Missouri, where his wife died leaving him a child only a few months old. En route, the child died. He asked the defendant’s porter if there was any place where he could lay it, whereupon the porter took him to the smoking room at the end of the chair car, where there were, seats in the…
2Cases cited1 opinion
- Webb v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1901
3Cited by8 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Epstein v. Pennsylvania RailroadMissouri Court of Appeals · 1909
- Cantley v. American Surety Co.Missouri Court of Appeals · 1931
- Oliver v. AylorMissouri Court of Appeals · 1913
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