Powell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The court ought not to have granted a new trial at request of defendant. There was not only-abundant evidence to support the verdict, but the weight of the evidence as to the value of the stock killed was all one way. There was absolutely no evidence whatever, even tending to prove ,lhat the stock was not worth at least the value fixed by the verdict.
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Appeal from the Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The court ought not to have granted a new trial at request of defendant. There was not only-abundant evidence to support the verdict, but the weight of the evidence as to the value of the stock killed was all one way. There was absolutely no evidence whatever, even tending to prove ,lhat the stock was not worth at least the value fixed by the verdict. (2) To entitle a party to a new trial an error must be against him, not in his favor. The verdict was for a less amount than the jury might have given under the pleadings and…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the plaintiff against defendant to recover double damages under the statute for the killing of seven cows and two colts. There was a trial by jury which resulted in a verdict for the plaintiff. The court on motion of defendant ordered the verdict set aside, and from this order the plaintiff has appealed.
*339The ground upon which the court set aside the verdict, as appears by its order, was that the verdict was not supported by the evidence or the weight of evidence as to the value of the property. One of the several grounds alleged by defendant in the motion…
2Cases cited24 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- McReynolds v. Burlington & Ohio River Railway Co.Illinois Supreme Court · 1883
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3Cited by6 opinions
- Bloch Queensware Co. v. Smith, Saxton & Co.Missouri Court of Appeals · 1904
- Friedman v. Pulitzer Publishing Co.Missouri Court of Appeals · 1903
- Mason v. OnanMissouri Court of Appeals · 1896
- Farrell v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Dobbs v. Cates' EstateMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.