Fischer v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Where, in an action for personal injuries, the verdict for plaintiff is so grossly inadequate that it must have been the result of passion, prejudice, partiality, fraud, or misconduct, the judgment will be reversed and a new trial awarded, the rule in this respect being the same as when the damages are grossly excessive. JBoggess v. Railroad, 118 Mo-. 328; Fairgreve v. Moberly, 29 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Where, in an action for personal injuries, the verdict for plaintiff is so grossly inadequate that it must have been the result of passion, prejudice, partiality, fraud, or misconduct, the judgment will be reversed and a new trial awarded, the rule in this respect being the same as when the damages are grossly excessive. JBoggess v. Railroad, 118 Mo-. 328; Fairgreve v. Moberly, 29 Mo. App. 141. (2) A verdict for nominal damages under a petition charging injuries to- defendant’s negligence, “should be quickly set…
1Opinion of the CourtLamm, J.
Action against respondent city for personal injuries predicated on its alleged negligence in permitting the half of a millstone or grindstone of considerable dimensions to be and remain in the foot-way or sidewalk of one of its thoroughfares, Second street. Damages laid at $5,000. Tried to a jury. Verdict, one dollar.
Asserting dissatisfaction over this small verdict, appellant filed a motion for a new trial challenging the verdict, because, she says, it was the result of passion, prejudice or misconduct on the part of the jury; be*571cause the verdict was inadequate and not commensurate with the…
2Cases cited17 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
- Overholt v. ViethsSupreme Court of Missouri · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Spica v. McDonaldSupreme Court of Missouri · 1960
- Hunt v. Gus Gillerman Iron & Metal Co.Supreme Court of Missouri · 1931
16 more not listed; retrieve them via the Exa API.