Clifton v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How: Thos. J. Seehorn, Special Judge. (1) The verdict is excessive. Adams v. Railroad, 100 Mo. 555; Bnrdict v. Railroad, 123 Mo. 221; Nichols v. Plate Glass Co., 126 Mo. 35; Stolz v. Railroad, 188 Mo. 581; Henderson v. Kansas City, 177 Mo. 177; Smith v. Pordyce, 190 Mo. 1; Devoy v. Railroad, 192 Mo. 197; Phippen v. Railroad, 196 Mo. 321; Chitty v. Railroad, 166 Mo. 133; Dougherty v. Railroad, 197 Mo. 617; G-ordon v. Railroad, 222 Mo. 516;…
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Appeal from Jackson Circuit Court. — How: Thos. J. Seehorn, Special Judge. (1) The verdict is excessive. Adams v. Railroad, 100 Mo. 555; Bnrdict v. Railroad, 123 Mo. 221; Nichols v. Plate Glass Co., 126 Mo. 35; Stolz v. Railroad, 188 Mo. 581; Henderson v. Kansas City, 177 Mo. 177; Smith v. Pordyce, 190 Mo. 1; Devoy v. Railroad, 192 Mo. 197; Phippen v. Railroad, 196 Mo. 321; Chitty v. Railroad, 166 Mo. 133; Dougherty v. Railroad, 197 Mo. 617; G-ordon v. Railroad, 222 Mo. 516; Markey v. Railroad, 185 Mo. 366. (2) The verdict cannot be cured by a mere remittitur, but the case should be reversed…
1Opinion of the CourtGraves, J.
Plaintiff, a railway mail clerk, was injured by a collision between two of defendant’s trains. He sued for damages in the sum of $12,000, and recovered judgment for $11,800. From this judgment defendant has appealed, and thus his troubles reach this court. Whilst the answer is a general denial, yet the defendant made no contention nisi as to non-liability, but directed the force of its efforts toward the measure of damages. The case here is therefore (1) that the verdict is excessive, and (2) that the verdict is so excessive as to bespeak passion and prejudice upon the part of the jury, when…
2Cases cited14 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Sofian Ex Rel. Sofian v. DouglasSupreme Court of Missouri · 1929
- Webb v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1938
- Sperry v. HurdSupreme Court of Missouri · 1916
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
3 more not listed; retrieve them via the Exa API.