McGrath v. Heman Construction Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court.—Hon. Rhodes E. Gave, Judge. (1) The appellate court will set aside the finding of a jury which is the result of passion, prejudice or partiality. Neil v. Cunningham Store Co., 149 Mo. App. 53; Joy v. Cale, 124 Mo. App. 569; Schnick v. Street Ry. Co., 118 Mo. App. 61; Duggan v. Railroad, 46 Mo. App. 266; Empey v. Cable Co., 45 Mo.
Read the full summary
Appeal from. St. Louis City Circuit Court.—Hon. Rhodes E. Gave, Judge. (1) The appellate court will set aside the finding of a jury which is the result of passion, prejudice or partiality. Neil v. Cunningham Store Co., 149 Mo. App. 53; Joy v. Cale, 124 Mo. App. 569; Schnick v. Street Ry. Co., 118 Mo. App. 61; Duggan v. Railroad, 46 Mo. App. 266; Empey v. Cable Co., 45 Mo. App. 422. Where a verdict is so excessive as to strike against the conscience, the court, on appeal, will interfere. Brady v. Railroad, 206 Mo. 509; Longan v. Wetmer, 180 Mo. 322; Dempsey v. Dorrance, 151 Mo. App. 429. Even…
1Opinion of the CourtAllen, J.
This is an action by plaintiffs, husband and wife, for damages to their residence, a brick building in the city of St. Louis, occasioned by an excavation in an alley adjacent thereto, made by defendant, and whereby it is claimed that a wall of the building was undermined.
The cause of action arose in 1902. The case has had three trials below, and in each instance plaintiffs received a verdict at the hands of the jury. As originally instituted, the action proceeded against the defendant construction company and the city of St. *524Louis. Upon the first trial there was a verdict and judgment for…
2Cases cited5 opinions
- State v. Parker Distilling Co.Supreme Court of Missouri · 1911
- Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- McGrath v. City of St. Louis & Heman Construction Co.Supreme Court of Missouri · 1908
- Lessenden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- McGrath v. Heman Construction Co.Missouri Court of Appeals · 1912
3Cited by3 opinions
- Hickman v. WellauerWisconsin Supreme Court · 1919
- Gulf, M. O. R. v. Smith-BrennanMissouri Court of Appeals · 1949
- Cifre v. Daas Enterprises, Inc.Superior Court of The Virgin Islands · 2015