Weinberg v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from' Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The court erred in overruling appellant’s motion for new trial on the ground that the amount of damages assessed by the jury shows prejudice, bias or mistake. This is not a case in which nominal damages can be given. Boggess v. Railroad, 118 Mo. 328; Fair-grieve v. Moberly, 29 Mo. App. 141; Welch v. McAllister, 13 Mo.
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Appeal from' Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The court erred in overruling appellant’s motion for new trial on the ground that the amount of damages assessed by the jury shows prejudice, bias or mistake. This is not a case in which nominal damages can be given. Boggess v. Railroad, 118 Mo. 328; Fair-grieve v. Moberly, 29 Mo. App. 141; Welch v. McAllister, 13 Mo. App. 89; Railroad v. Ashcraft, 48 Ala. 15; 2 Thompson, Neg., sec. 58, p. 1266; Field on Damages, sec. 886; Reid v. Ins. Co., 58 Mo. 421; State v. Alex■ander, 66 Mo. 163; Edens v. Railroad, 72 Mo. 212. (2) Damages…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries alleged to have been sustained by plaintiff by being thrown upon the pavement while lighting from defendant’s cars in Kansas City, Missouri, by reason of the carelessness and negligence of the serv*288ants of defendants in charge of said cars. The suit was begun in the circuit court of Jackson county, but the venue was subsequently changed to Johnson county, where a trial was had resulting in a verdict and judgment in favor of plaintiff in the sum of one dollar, from which she appeals.
On the night of April 30, 1893, at about the hour of 10…
2Cases cited9 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Pritchard v. HewittSupreme Court of Missouri · 1887
- Leahy v. DavisSupreme Court of Missouri · 1894
- Boggess v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fischer v. City of St. LouisSupreme Court of Missouri · 1905
- Hunt v. Gus Gillerman Iron & Metal Co.Supreme Court of Missouri · 1931
- Greenfield v. Unique Theatre Co.Supreme Court of Minnesota · 1920
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Southern Real Estate & Financial Co. v. Bankers Surety Co.Supreme Court of Missouri · 1918
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