Maxwell v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court — Hon. H. 0. Timmonds, Judge. (1) The service of the offer of judgment in this case was sufficient to entitle the defendant to have the costs adjudged against the plaintiff. It was sufficient to serve it upon plaintiff’s attorney in charge of the case who communicated the offer to the plaintiff himself, thus enabling him to determine whether be would accept or not. E. S. 1899, secs. 751, 586, 590; Mann v. Warner, 22 Mo.
Read the full summary
Appeal from Vernon Circuit Court — Hon. H. 0. Timmonds, Judge. (1) The service of the offer of judgment in this case was sufficient to entitle the defendant to have the costs adjudged against the plaintiff. It was sufficient to serve it upon plaintiff’s attorney in charge of the case who communicated the offer to the plaintiff himself, thus enabling him to determine whether be would accept or not. E. S. 1899, secs. 751, 586, 590; Mann v. Warner, 22 Mo. App. 577; Davis v. Hall, 90 Mo. 659; Lieurance v. McComas, 59 Mo. App. 118; Williams v Eailroad, 153 Mo. 487; Wilson v. Eailroad, 108 Mo. 588;…
1Opinion of the CourtEllison, J.
— Plaintiff sued defendant for damages in the sum of four hundred and fifty-seven dollars alleged to have resulted from defendant’s locomotive setting fire on 'his premises. Defendant made a written offer before the trial to allow judgment to be taken against it for fifty dollars. The offer was not accepted. The trial resulted in a verdict of fifty dollars for plaintiff. Defendant then moved to have its costs, made since the offer, taxed against the plaintiff. The trial court refused the motion and defendant appealed.
The statute (1899) under which the offer was made, reads as follows:
“Sec.…
2Cases cited3 opinions
- Davis v. HallSupreme Court of Missouri · 1886
- Lieurance v. McComasMissouri Court of Appeals · 1894
- Enos v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1890
3Cited by2 opinions
- Atkins v. OstMissouri Court of Appeals · 1905
- Brown v. ColeMissouri Court of Appeals · 1910