Legal Opinion

Lupkey v. Weldon

Supreme Court of Missouri

Decided September 11, 1967No. 51811PublishedCited by 17 opinions

1Opinion of the Court

DONNELLY, Judge.

This is a libel action. Plaintiff had a jury verdict of $1,000 actual damages and $50,000 punitive damages. The trial court granted defendants a new trial on the sole ground that the verdict was “against the weight of the evidence.” Plaintiff appealed. 0

Plaintiff concedes that a new trial may be granted in a libel action on the ground that the verdict was against the weight of the evidence. 53 C.J.S. Libel and Slander § 234, p. 359; Johnson v. Scribner, 6 Conn. 185. A trial court may grant a new trial in a libel action on a recognized legal ground. Cook v. Globe Printing Co.,…

2Cases cited9 opinions

  1. Castorina v. HerrmannSupreme Court of Missouri · 1937
  2. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
  3. Haven v. Missouri RailroadSupreme Court of Missouri · 1900
  4. Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1910
  5. Clark v. Quality Dairy CompanySupreme Court of Missouri · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Burnett v. GriffithSupreme Court of Missouri · 1989
  2. Carpenter v. Chrysler Corp.Missouri Court of Appeals · 1993
  3. Gilomen v. Southwest Missouri Truck Center, Inc.Missouri Court of Appeals · 1987
  4. Phillips v. PhillipsSupreme Court of Missouri · 1969
  5. Pisha v. Sears Roebuck & CompanyMissouri Court of Appeals · 1973

12 more not listed; retrieve them via the Exa API.

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