Unterberger v. Scharff
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge.' (1) The trial court erred in giving the plaintiff’s first instruction, particularly the part in italics in the appellant’s statement. There was a fatal variance.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge.' (1) The trial court erred in giving the plaintiff’s first instruction, particularly the part in italics in the appellant’s statement. There was a fatal variance. This instruction authorized a verdict for the plaintiff, notwithstanding that there was a variance between the pleadings and the proof. . When slanderous words are laid as spoken in reference to a particular occasion or transaction they must be proved substantially as laid. It is error to admit proof of a general charge. By limiting his charge the plaintiff…
1Opinion of the CourtRombauer, P. J.
This is an action of slander.. The plaintiff recovered a verdict for $1,500, but, upon, suggestion of the court that it would sustain the defendant’s motion for a new trial, unless the plaintiff would, remit one-half of his recovery, the latter remitted $750,. and judgment was entered for the residue. The errors-assigned by the appealing defendant are that the court, erred in permitting this remittitur to be entered, and ought to have sustained the motion for new trial unconditionally, because the verdict was grossly excessive;, opposed to the evidence and the probabilities arising-therefrom,…
2Cases cited7 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Christal v. CraigSupreme Court of Missouri · 1883
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Henderson v. FoxSupreme Court of Georgia · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lewis v. HumphriesMissouri Court of Appeals · 1896
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Yager v. BruceMissouri Court of Appeals · 1906
- Boyce v. WheelerMissouri Court of Appeals · 1917
- Lemaster v. EllisMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.