Huckshold v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. J. Hugo Grimm, Judge. Transferred to St. Louis Court of Appeals. The separate promise of the three jurors, Morton, Moser and Rohrkasse, made under oath to respondent’s counsel on the voir dire to stand out in the jury room for their individual opinion infringes appellant’s right assured in Section 28, Article 2 of the Constitution of Missouri, which vouchsafes a “right of trial hy jury as heretofore enjoyed.”
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Appeal from St. Louis City Circuit Court.—Hon. J. Hugo Grimm, Judge. Transferred to St. Louis Court of Appeals. The separate promise of the three jurors, Morton, Moser and Rohrkasse, made under oath to respondent’s counsel on the voir dire to stand out in the jury room for their individual opinion infringes appellant’s right assured in Section 28, Article 2 of the Constitution of Missouri, which vouchsafes a “right of trial hy jury as heretofore enjoyed.” (a) This right includes candid, deliberate consideration by the twelve jurors and unanimity of opinion of not less than nine under the…
1Opinion of the Court
This action was commenced by plaintiff, in the Circuit Court of the City of St. Louis, Missouri, on January 17, 1918, to recover of defendant, as damages, the sum of $10,000, on account of personal injuries inflicted upon him, during the early morning of December 24, 1917, by reason of the alleged negligence of defendant in the operation of one of its cars on Vandeventer Avenue in said city, which struck the wagon on which plaintiff was riding. The case was tried before a jury, and the latter returned a verdict in favor of plaintiff for $2,500. Defendant, in due time, filed its motion for a…
2Cases cited4 opinions
- Brookline Canning & Packing Co. v. EvansSupreme Court of Missouri · 1911
- Stegall v. American Pigment & Chemical Co.Supreme Court of Missouri · 1915
- McManus v. BurrowsSupreme Court of Missouri · 1919
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
3Cited by9 opinions
- Hohlstein Ex Rel. Hohlstein v. St. Louis Roofing Co.Supreme Court of Missouri · 1931
- State Ex Rel. Tadlock v. MooneyhamSupreme Court of Missouri · 1922
- Burns v. Prudential Insurance Co.Supreme Court of Missouri · 1922
- Robertson v. Security Benefit Assn.Supreme Court of Missouri · 1938
- Zach v. Fidelity & Casualty Co.Supreme Court of Missouri · 1923
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