Howard v. Scarritt Estate Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. J. See-horn, Judge. (1) Instructions 7 to 13, inclusive, given on behalf of the defendant, and Instruction 5 for plaintiff, as modified, properly declared the law applicable to the case and it was error on the part of the court to grant a new trial on account of error in the instructions. Minnier v. Railroad, 167 Mo. 120; Spencer v. Bruner, 126 Mo. App. 102; Brunke v. Tel. Co., 115 Mo.
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Appeal from Jackson Circuit Court. — Hon. T. J. See-horn, Judge. (1) Instructions 7 to 13, inclusive, given on behalf of the defendant, and Instruction 5 for plaintiff, as modified, properly declared the law applicable to the case and it was error on the part of the court to grant a new trial on account of error in the instructions. Minnier v. Railroad, 167 Mo. 120; Spencer v. Bruner, 126 Mo. App. 102; Brunke v. Tel. Co., 115 Mo. App. 39. (2) Under the law and evidence in the case the verdict of the jury was properly returned for the defendant and the verdict of the jury should not have been…
1Opinion of the CourtFaris, P. J.
Plaintiffs, who are husband and wife, sued the defendant, a corporation, engaged in Kansas City in operating an office building, for the alleged negligent killing of their infant son in a passenger elevator in said building. Upon trial the jury found for defendant, whereupon the court granted plaintiffs á new trial, and defendant appealed. The amount sued for being $10,000 and within our jurisdiction, the case is here.
This is the second appeal in this case. Heretofore it was tried and plaintiffs had judgment for $5000. Thereon an appeal was taken to the Kansas City Court of Appeals; wherein…
2Cases cited5 opinions
- Hughes v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Reichla v. GruensfelderMissouri Court of Appeals · 1892
- Penney ex rel. Ramey v. St. Joseph Stock Yards Co.Supreme Court of Missouri · 1908
- Howard v. Scarritt Estate Co.Missouri Court of Appeals · 1912
3Cited by30 opinions
- Wallis v. Mrs. Smith's Pie Co.Supreme Court of Arkansas · 1977
- Ketcham v. ThomasSupreme Court of Missouri · 1955
- Chawkley v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Ruth Meitz and George Meitz v. Roberta GarrisonCourt of Appeals for the Eighth Circuit · 1969
- Gardner v. TurkSupreme Court of Missouri · 1938
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