Richardson ex rel. Strode v. Missouri Fire Brick Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Ho», John W. McElhinney, Judge. (1) To warrant interference, on the ground of ex-cessiveness or inadequacy, with the verdict of the jury in a case of damages, the verdict must be so excessive or inadequate as to indicate prejudice, passion or mistake.
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Appeal from St. Louis County Circuit Court. — Ho», John W. McElhinney, Judge. (1) To warrant interference, on the ground of ex-cessiveness or inadequacy, with the verdict of the jury in a case of damages, the verdict must be so excessive or inadequate as to indicate prejudice, passion or mistake. Goetz v. Ambs, 27 Mo. 28; Kennedy v. Railway, 36 Mo. 351; Whalen v. Railroad, 60 Mo. 323; Walker v. Railroad, 87 Mo*. 37; Cochran v. Railroad, 131 Mo-. 607; Boyd v. Westinghouse, 132 Mo. 579; Merrill v. City, 12 Mo. App: 466; Hemelrich v. Garlos, 24 Mo: App. 264; Brown v. Railway, 51 Mo. App: 192.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Appellate courts will reverse the action of trial courts in granting new trials in suits for damages whenever it satisfactorily appears the discretion of the trial court was arbitrarily and unreasonably exercised. [Whitsett v. Ransom, 72 Mo. 358; Chouquette v. Railway, 152 Mo. 257, 53 S. W. 897.]
In Goetz v. Ambs, 27 Mo. 1. c. 34, in respect to the granting of new trials, on account of the awarding of excessive or inadequate damages by the jury, in actions of tort, the court said: “The general rule on this subject is well stated by Mr. Sedgwick, in his work on…
2Cases cited9 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
- Dowd v. Westinghouse Air Brake Co.Supreme Court of Missouri · 1896
- Wolters v. City of St. LouisSupreme Court of Missouri · 1895
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3Cited by2 opinions
- Brinton v. ThomasMissouri Court of Appeals · 1909
- Schumacher v. LangNebraska Supreme Court · 1955