Fathman v. Tumilty
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court.— Hon. William W. Edwards, Judge. The verdict is against the evidence and the weight of the evidence. The court committed error in writing out and substituting another verdict for the original verdict of the jury, and the • j ury improperly assented thereto.
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Appeal from the St. Louis County Circuit Court.— Hon. William W. Edwards, Judge. The verdict is against the evidence and the weight of the evidence. The court committed error in writing out and substituting another verdict for the original verdict of the jury, and the • j ury improperly assented thereto. The original verdict was for the whole amount claimed, that is for forty-three months’ service at fifteen dollars per month, in all six hundred and forty-five dollars ; totally disregarding all payments proven. The court, remarking that the verdict was informal, at the suggestion of plaintiff…
1Opinion of the CourtBiggs, J.
This is an action on account to recover balance due plaintiff for wages. Plaintiff claimed in his petition, that he had worked forty-three months for defendant, and that the work so performed by him was reasonably worth fifteen dollars per month, which amounted in the aggregate to six hundred and forty-five dollars. The defendant at divers times had paid plaintiff $407.70. Defendant made a general denial. There was a trial by jury which resulted in a verdict of $193.85 for plaintiff.
The only issue of fact on the trial, was the reasonable value of plaintiff’s work. Plaintiff’s testimony tended…
2Cases cited3 opinions
- Sidekum v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Gibson v. ZeibigMissouri Court of Appeals · 1887
- Holliday v. JacksonMissouri Court of Appeals · 1886
3Cited by6 opinions
- Holmes v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1953
- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Mahner v. LinckMissouri Court of Appeals · 1897
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
- Harper v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
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