Empey v. Grand Avenue Cable Co.
Missouri Court of Appeals
Appeal from the Clay Circuit Court — Hon. James M. Sandusky, Judge. The damages awarded are grossly excessive; the verdict is against the overwhelming weight of the testimony, and' was .plainly the result of passion or prejudice oh the part of the jury No candid person can read the record in this case and escape the conviction that the jury was actuated by passion or prejudice in the verdict it rendered.
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Appeal from the Clay Circuit Court — Hon. James M. Sandusky, Judge. The damages awarded are grossly excessive; the verdict is against the overwhelming weight of the testimony, and' was .plainly the result of passion or prejudice oh the part of the jury No candid person can read the record in this case and escape the conviction that the jury was actuated by passion or prejudice in the verdict it rendered. This is manifest both from the evidence in the case and from the excessive amount of damages awarded. Spohn v. Railroad, 87 Mo. 74,84; Garrett v. Greenwetl, 92 Mo.. 120, 125; State v. Prim,…
1Opinion of the CourtGrinii, J.
— The substance of plaintiff’s complaint .against the defendant is thus set out in her petition: After alleging that defendant corporation was the owner of and operated a cable-car line from the southern to the northern limits of Kansas City, the petition continues: “Plaintiff states that on the sixth day of August, 1889, she took passage on one of defendant’s cars and paid the fare which was demanded of her, to-wit, the sum of five cents, for which defendant .agreed to transport and safely land her at her destination, to-wit, the corner of Ninth and Walnut streets in .said Kansas City ; and…
2Cases cited5 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Friesz v. FallonMissouri Court of Appeals · 1887
3Cited by8 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Snyder v. Wabash Railroad Co.Missouri Court of Appeals · 1900
- Powell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
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