Berkson v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court — Hon. E. J. Broaddus, Judge. (1) The jury awarded the plaintiffs $3,500 damages for the grading above referred to, and this, we think, was clearly excessive, and the result of passion and prejudice, and contrary to the overwhelming weight of the credible testimony in case. (2) Plaintiff’s instruction number 1 was erroneous. The word community, as used in this instruction is improper.
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Appeal from Clay Circuit Court — Hon. E. J. Broaddus, Judge. (1) The jury awarded the plaintiffs $3,500 damages for the grading above referred to, and this, we think, was clearly excessive, and the result of passion and prejudice, and contrary to the overwhelming weight of the credible testimony in case. (2) Plaintiff’s instruction number 1 was erroneous. The word community, as used in this instruction is improper. It is not synonymous with neighborhood or vicinity, and is' in itself misleading and should have been clearly defined in the sense in which it is used in the instruction. But even…
1Opinion of the CourtRobinson, J.
This action was begun to recover damages to abutting private property charged to have resulted from a change of grade of Independence avenue just east of the eastern limits of Kansas City. The action was'against the defendants, the Kansas City Cable Railway Company, the Kansas City and Independence Railway Company, and James Lillis. The case was tried by a jury, under instructions from the court, resulting in the following verdict: “We the jury find for plaintiffs, and against the defendant the Kansas City Cable Railway Company and do assess their damages at $3,500. Oscar Thompson, foreman.”…
2Cases cited5 opinions
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
- Ferguson v. ThacherSupreme Court of Missouri · 1883
- Brady v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1892
3Cited by28 opinions
- Missouri Pacific Railroad v. Whitehead & Kales Co.Supreme Court of Missouri · 1978
- McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Rogers v. RogersSupreme Court of Missouri · 1915
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
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